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2015 (3) TMI 1425 - HC - Indian LawsMaintainability/scope of arbitration proceedings - whether the dispute for recovery of possession and mesne profits is beyond the scope of arbitration clause or not - non-filing of original agreement or duly certified copy of the agreement, which consists of arbitration clause u/s Section 8(2) of the Act - ambiguity in the language used in the arbitration clause in the agreement or not. Whether the arbitration clause covered reference of the dispute relating to delivery of possession and mesne profits, if not, is the impugned order be sustained? HELD THAT:- The clause referred to in the earlier paras referring to arbitrator is unambiguous and the intention of the parties need not be looked into, since, intention would not prevail when the language used in the condition is unambiguous. Therefore, on strict construction of the condition relating to reference to arbitration, the trial Court rightly declined to grant the relief to the petitioner. The case on hand would not cover any of the circumstances to exercise discretion to grant relief. That apart there are no illegal exercise or failure to exercise the power conferred on the trial Court in negating the relief. Hence, it is not a fit case for interference of this Court. When the agreement is not in writing and it is only an understanding, the alleged condition of agreement for reference would not fall within the ambit of Section 7 of the Act. In any view of the matter, it is for the revision petitioner to file, if there is an understanding in writing duly signed by both parties along with the petition. However, it is wholly unnecessary to decide about maintainability of the petition in view of bar to entertain petition under Section 8(2) of the Act, as the petitioner himself admitted about the understanding and that apart it is already concluded that this Court cannot exercise its discretionary power under Section 227 of the Constitution of India to interfere in the order in question. There are no ground or legal infirmity which calls for interference of this Court, devoid of merits and deserves to be dismissed - petition dismissed.
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