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TMI Blog2005 (12) TMI 609X X X X Extracts X X X X X X X X Extracts X X X X ..... ha Jain, Advs. For the Respondents : Jaideep Gupta, Sr. Adv., Radha Rangaswamy, Pradeep Kumar Malik and R. Rahim, Advs. ORDER 1. The Respondent filed a suit for money claim against the Appellant and two other parties before the city civil court in Calcutta. It is the case of the Appellant that goods were supplied to the Respondent under certain invoices which contained an arbitrat ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... dated 5 December, 2003, which had been issued by the Bharat Merchants Chamber. 3. The civil court declined to grant any ad interim relief. An appeal was moved there against by the Respondent in which the appeal court took the view that the application made by the Respondent under Order 39, Rules 1 and 2, Code of Civil Procedure, should be treated as one made under Section 8 of the Arbitration ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... would mean that the interim relief sought for in the application under Order 39 Rules 1 and 2 was granted, this judgment has been impugned before us. 5. We have extensively heard the learned Counsel for both the sides and at the and of the day we are satisfied that the whole proceedings were started, continued and concluded under misconception of law. In the first place, Section 8 is not inten ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... d only have been decided as an application under Order 39 Rules 1 and 2 for whatever it was worth. Once the objection to this application was filed by the Appellant bringing to the notice of the court the existence of an arbitration agreement, thereafter the proceedings could have been continued only within the parameters of Section 8 of the 1996 Act. A proceeding under Section 8 could never resul ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ion on whatever grounds that are available in law including the ones urged and noticed in the impugned judgment. The civil court shall thereafter hear the parties and dispose of such application in accordance with law, preferably within a period of six weeks from the day such an application is , made. In the fairness of things, no further steps will be taken by the Bharat Merchants Chamber till th ..... X X X X Extracts X X X X X X X X Extracts X X X X
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