LAW FOR ALL

whether it can be referred to arbitration -(i) The application I.A.No.IV of 2014 praying for referring the matter to arbitration was not accompanied by the original retirement deed dated 25.07.2005 and partnership deed dated 05.04.2006, hence the application was liable to be dismissed under Section 8(2) and Learned District Judge committed error in allowing the application. According to Section 8(2) of the Act, it is mandatory to file the original arbitration agreement or a duly certified copy thereof along with the application seeking reference to the arbitration. (ii) All the parties to the suit were not parties to the arbitration agreement as claimed in retirement deed and partnership deed. Hence, dispute could not have been refereed to the arbitrator. (iii) The firm being an unregistered firm, no reference to the arbitration can be made with regard to the dispute relating to unregistered firm. -held - No = ANANTHESH BHAKTA REPTD. BY MOTER USHA A BHAKTA AND ORS Vs. NAYANA S. BHAKTA AND ORS R.K. AGRAWAL, ASHOK BHUSHAN