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2003 (7) TMI 493 - SC - Companies LawWhether the courts below were justified in coming to the conclusion that they could go into the question of the existence or validity of the arbitration agreement? Held that:- Appeal allowed. The trial court failed to exercise its jurisdiction vested in it under section 115 of the CPC when it rejected the application of the appellant filed under sections 8 and 5 of the Act. In such situation, refusal to refer the dispute to arbitration would amount to failure of justice as also causing irreparable injury to the appellant. For the said reason, we are of the opinion that the High Court has erred in coming to the conclusion that the appellant was not entitled to the relief under section 115 CPC.
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