2003 (4) TMI 435 - SUPREME COURT

Arbitration petition under section 8 of the Act - Held that:- Appeal dismissed. The Court has to apply its mind to the condition contemplated under section 89 CPC and even if application under section 8 of the Act is rejected, the Court is required to follow the procedure prescribed under the said section. Considering the language used in section 8, it is not necessary to refer to the decisions rendered by various High Courts interpreting section 34 of Indian Arbitration Act, 1940 which gave a discretion to the Court to stay the proceedings in a case where the dispute is required to be referred for arbitration.