Kharidar Kapra Company vs Rukmanand Ramdeo

This is a first appeal from an order of remand. The question for determination was whether the suit was to be tried out on the merits by the First Court; or whether the parties were bound by a subsisting agreement to refer the dispute to arbitration. The lower Appellate Court has given very strong reasons for its view that, u/s 19 of the Arbitration Act, the defendant, who is the appellant now before us, having submitted to the jurisdiction of the Trial Court and not having pleaded the agreement to submit to arbitration at the earliest possible moment as required by law, was�precluded from relying upon this objection. We are satisfied that the lower Appellate Court was right and we dismiss this appeal with costs.