Madhya Pradesh High Court
M/S Texmo Pipes And Products Limited vs Branch Manager on 16 July, 2025
Author: Vishal Dhagat
Bench: Vishal Dhagat
NEUTRAL CITATION NO. 2025:MPHC-JBP:31935
1 MCC-2340-2025
IN THE HIGH COURT OF MADHYA PRADESH
AT JABALPUR
BEFORE
HON'BLE SHRI JUSTICE VISHAL DHAGAT
ON THE 16th OF JULY, 2025
MISC. CIVIL CASE No. 2340 of 2025
M/S TEXMO PIPES AND PRODUCTS LIMITED
Versus
BRANCH MANAGER AND OTHERS
Appearance:
Smt. Smita Varma- Advocate for the applicant.
None for respondents.
ORDER
Applicant has filed this application for recalling of order dated 07.07.2025 by which First Appeal was dismissed, applicant was granted liberty to approach for arbitration.
2. Counsel appearing for applicant submitted that as per Section 8 of Arbitration and Conciliation Act, respondent can raise an objection on civil suit before filing of written statement if there exist an arbitration clause. Case was at the final hearing stage and no objection was raised. Objection was raised later on therefore Section 8 of Arbitration and Conciliation Act will not come into play. Said facts was not disclosed when order dated 07.07.2025 was passed. Counsel did not appeared on said date and after hearing arguments of respondent, case was dismissed. Counsel appearing for applicant informed this Court that opposite Signature Not Verified Signed by: SHIVANI SINGH RAJPUT Signing time: 17-07-2025 12:34:15 NEUTRAL CITATION NO. 2025:MPHC-JBP:31935 2 MCC-2340-2025 counsel was informed.
3. In view of same, order dated 07.07.2025 is recalled.
4. MCC is allowed.
5. Registry is directed to restore First Appeal No.1227/2019 to its original number.
(VISHAL DHAGAT) JUDGE SS Signature Not Verified Signed by: SHIVANI SINGH RAJPUT Signing time: 17-07-2025 12:34:15