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Judgment
S.D. Anand, J.—The learned Trial Court declined the defendant-petitioner''s plea to refer the matter to Arbitrator by observing that the factum of there being an arbitration clause had been disputed on behalf of the party opposite.
The petition deserves to be allowed in view of the law laid down by the Apex Court in Rashtriya Ispat Nigam Limited and Anr. v. M/s Verma Transport Company 2006 (4) RCR (Civil) 478. It was followed by a Division Bench of this Court in M/s Regent Automobiles v. Indian Oil Corporation Limited and Ors. 2008(3) R.C.R. (Civil) 752. This Court also took a similar view in accord with the Apex Court judgment in Rashtriya Ispat Nigam Limited''s case (supra) and M/s Regent Automobiles''s case (supra) in Civil Revision No. 1409 of 2008 (Shriram Transport Finance Company Ltd. and Ors. v. Jagdev Singh and Anr.).
The petition shall stand allowed accordingly. The impugned order shall stand set aside. The learned Trial Court is directed to refer the matter to Arbitrator.