- (1.) The present revision petition has been preferred against the order dated 15.02.2016 passed by learned Civil Judge (Junior Division), Barnala, whereby the application moved by the petitioner under Section 8 of the Arbitration and Conciliation Act, 1996 (for short the 'Act') has been dismissed.
(2.) Learned counsel for the petitioner contended that there was an arbitration clause in the agreement dated 25.07.2011. The petitioner-defendant had moved an application under Section 8 of the Act to refer the matter to the arbitration but the said application has been dismissed simply on the ground that the respondent did not agree to appear before the Arbitrator. Thus, he contended that the order passed by the learned trial Court is not in proper prospective and in fact the merits of the application have not been touched.
(3.) On the other hand Mr. Satish Goel, Advocate learned counsel for respondent No.1 contended that the learned trial Court has taken into consideration Clause 2.28 of the agreement dated 25.07.2011 and has thereafter passed the impugned order.;