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Issues:
1. Interpretation of arbitration clause in a lease deed. 2. Rejection of the application under Section 8 of the Arbitration and Conciliation Act, 1996. 3. Consideration of conditions under Section 8(1) and 8(2) of the Act. 4. Application of the principle of approbate and reprobate in legal proceedings. Interpretation of Arbitration Clause in Lease Deed: The dispute arose from a lease agreement where the plaintiff sought possession of the property upon lease expiry, invoking the arbitration clause. The defendant refused arbitration, leading to a court suit. The Court analyzed the lease deed's arbitration clause, emphasizing that disputes regarding possession post-lease fall within its scope, mandating arbitration per Clause 4(a). The defendant's refusal to arbitrate despite the clause's clear applicability was deemed contradictory and an attempt to prolong the issue. Rejection of Application under Section 8: The defendant filed an application under Section 8 to refer the dispute to arbitration, which the Court rejected. Section 8 outlines conditions for arbitration referral, including the existence of an arbitration agreement, subject-matter alignment, and timely application submission. Despite meeting these conditions, the Court found the defendant disentitled due to his prior refusal to arbitrate, invoking the principle of approbate and reprobate. The Court clarified the application timing requirement and highlighted the defendant's waiver of arbitration rights. Consideration of Section 8(1) and 8(2) Conditions: The Court examined Section 8 requirements, emphasizing the need for an arbitration agreement, subject-matter alignment, and timely application submission. While the defendant met these conditions, his earlier refusal to arbitrate, despite the agreement's existence, led to the rejection of his application. The Court clarified the interpretation of the phrase "when submitting his first statement" and underscored the defendant's self-disqualification from arbitration relief. Application of Principle of Approbate and Reprobate: The Court applied the principle of approbate and reprobate, barring the defendant from reclaiming arbitration rights after waiving them. The defendant's initial stance against arbitration, claiming non-arbitrability, precluded him from later seeking arbitration under Section 8. The Court cited a relevant case to support its decision, emphasizing that once a party waives a right, it cannot be reasserted to the detriment of the other party. Consequently, the Court dismissed the revision petition, upholding the lower court's decision.
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