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TMI Blog1990 (2) TMI 317X X X X Extracts X X X X X X X X Extracts X X X X ..... 5, the appellant filed an application stating as follows: "That the photostat copy of the original agreement and other documents which have been produced by the plaintiff in their evidence are not visible and clear, and it is very difficult for the defendants to inspect and give the written statement. 3. That it is very essential to get the original documents produced in the court which are in possession of the plaintiff so that the defendants may file the written statement. 4. It is, therefore, respectfully prayed that the plaintiff may kindly be ordered to produce the original agreement and other documents which has been filed with the plaint." On January 21, 1985, the appellant moved the Court under Section 34 of the Arb ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... the proceedings and the trial court was not justified in staying the suit. Accordingly, he accepted the appeal and vacated the stay order and directed the trial court to proceed with the suit in accordance with law. The High Court of Punjab and Haryana has dismissed the revision petition of the appellant. The High Court has also observed that the defendants having moved the application dated January 4, 1985 for production of original documents and seeking an adjournment of the suit to enable them to file written statement would certainly be construed as a step taken in the proceedings. Section 34 of the Arbitration Act has received the consideration of this Court in State of Uttar Pradesh v. Janki Saran Kailash Chandra, [1974] 1 SCR 31, (i ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... n to seek redressal of his grievances in a court of law is subject to the right of the parties to have the disputes settled by a forum of mutual choice. Neither right is insubstantial nor the right can be allowed to be defeated by any manner of technicality. The right to have the dispute adjudicated by a civil court cannot be allowed to be defeated by vague or amorphouse mis-called agreements to refer to 'arbitration'. On the other hand, if the agreement to refer to arbitration is established, the right to have the dispute settled by arbitration cannot be allowed to be defeated on technical grounds." In the application filed by the defendants in this case, they only sought a direction to the plaintiff to produce the original a ..... X X X X Extracts X X X X X X X X Extracts X X X X
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