relating to or concerned to or connected with
Assignment Agreement, the same shall be referred to Arbitration of a
sole Arbitrator and the arbitration proceeding
maintainability.
As the complainant suppressed the Arbitration case and filed this complaint after decision in arbitration case, there is no scope for this Commission ... impugned order only with reason complainant suppressed the arbitration claim. No reason has been assigned. In view of the above observations, we find
brief:
As per the agreement,
any dispute assigning out of the agreement, shall be referred to Arbitration,
which is binding upon the parties
secured or unsecured, or assigned, or
whether payable under a decree or order of any civil court or any arbitration
award or otherwise or under
under Section 8 of the Arbitration and Conciliation Act, 1996 seeking reference
of the dispute to arbitration which came to be dismissed by the impugned ... Arbitration and Conciliation Act, 1996 (Act of 1996, for
short) has been dismissed by the Lr. District Forum without assigning any
reasons and inspite
secured or unsecured, or assigned, or
whether payable under a decree or order of any civil court or any arbitration
award or otherwise or under
secured or unsecured, or assigned, or
whether payable under a decree or order of any civil court or any arbitration
award or otherwise or under
secured or unsecured, or assigned, or whether
payable under a decree or order of any civil court or any arbitration award or
otherwise or under
territorial jurisdiction of the District
Forum and that of existence of arbitration clause in the agreement. So far as
the preliminary objection regarding the territorial ... assigned for Chandigarh. Therefore, this objection of the appellants/Opposite
Parties stands rejected.
13. The next
preliminary objection raised was regarding the existence of arbitration
territorial jurisdiction of the District Forum and that of
existence of arbitration clause in the agreement. So far as the preliminary objection
regarding the territorial ... assigned for Chandigarh.
Therefore, this objection of the appellants/Opposite Parties stands rejected.
15. The next
preliminary objection raised was regarding the existence of arbitration