discretion could also decline an order of stay
despite existence of aforesaid conditions, depending upon the facts and
circumstances of the case. The discretion ... which makes it obligatory upon the Court to stay
the legal proceedings if the conditions of the
section are satisfied and what is more
defendants filed different applications for the same relief i.e., seeking stay of suit proceedings and refer the matters to the Arbitrator as provided under ... stipulates that in order that stay may be granted under the section, it is necessary that the following conditions are fulfilled:
(i) The proceedings must
appeal from an order of Mallick, J. dated the 19th July 1963 staying a suit under Section 34 of the Arbitration ... contracts contained an arbitration clause being Clause XVII of the general conditions of contract. The said arbitration clause is as follows: (XVII). Arbitration--"Except
special conditions the said special conditions never became part of the contract between the parties. The said special conditions never applied to the contract between ... arbitration clause contained in the general conditions of contract and the arbitration clause contained in the special conditions of the contract. There is only
Anand Gajapathi
Rajus case (Supra), the applicant fulfilled the pre-requisite conditions
of Section 8 . Another authoritative
pronouncement of the Honble Apex Court in Branch ... Supra ) is also on
the same footing wherein the pre-requisite conditions were fulfilled by the
applicant for referring the matter to the arbitrator
such circumstances and in the exercise of my discretion I should stay the suit and drive the parties to an arbitration which will inevitably ... Section 8 of the Act. Reference to a single arbitrator is conditional on all the parties agreeing to do so and there is an alternative
learned Judge stayed a suit brought by them in exercise of his powers under Section 34 , Arbitration Act. The stay was resisted on the ground ... appeal to the learned Judge who rejected it and ordered a stay of the suit.
2. The facts are simple. It appears that
part of Annexure-4 to the affidavit filed in support of the stay application. This letter states that in view of the letter of respondent ... alleged in paragraph 18 of the affidavit in support of the stay application that neither the respondent No. 1 nor the respondent No. 2 ever
case and as the petitioner herein, did not elect either for the stay of the suit or for getting the matter referred to arbitration ... Considering Section 8 the Apex Court has stated :
"5. The conditions which are required to be satisfied under Sub-section
moving an application under Section 34 of the Arbitration Act for the stay of the proceedings, took steps in the same by filing an affidavit ... event of any question, dispute or difference arising under these conditions or any special conditions of contract, or in connection with this contract (except
