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2009 (10) TMI 534 - SUPREME COURT
Whether the case falls within the jurisdiction of the arbitrator?
Whether the procedural requirements under section 8(2) of the Act had been complied with to the satisfaction of the court?
Whether the arbitrator was competent to deal with the dispute raised by the parties?
Held that:- Appeal dismissed. Since the original deed was not filed within the requirement of section 8(2) of the Act, it must be held that the mandatory requirement under the Act had not been complied with. Accordingly, even if we accept the factum of a dispute relating to the retirement of the appellant under the original deed dated 7 April, 2003, still the court would not be empowered to refer the matter to an arbitrator due to the non-compliance of the provisions mentioned under section 8(2) of the Act.