Jsw Ispat Steel Limited vs Jeumont Electric And Another on 14 September, 2012
In this this regard, he relies on the judgment
of the learned single Judge of Nagpur High Court in the case of Tarabai
v. Chogmal and Anr., AIR 1932 Nagpur 114; judgment of Division
Bench of this Court in the case of Harshad Ratilal Shah v. Ishardas
Sudarshan Lal, 1986 Mh.L.J. 325 and the judgment of the Apex Court in
the case of Harshad Chiman Lal Modi v. DLF Universal Ltd., (005) 7
SCC 791. Learned counsel for the plaintiff further submits that the
question as to whether the arbitration agreement exists or not is required
to be decided by this Court except when the matter is taken to the tribunal
directly by both parties, without the court having come into the picture.