AIR 2018 BOM 222 ::2018 (3) ABR 203 ::(2018) 5 Bom CR 670 ::(2018) 3 Mah LJ 60

Bombay High Court

Hon'ble Judge(s): S. C. Gupte , J

(A) Arbitration and Conciliation Act (26 of 1996) , S.8(2)— Reference to arbitration - Application for - Non-filing of original or certified copy of arbitration agreement along with application - No ground to reject application - Original or certified copy of arbitration agreement can be brought on record when court considered said application. 2016 AIR SCW 5359, Rel. on. (Para 5) (B) Arbitration and Conciliation Act (26 of 1996) , S.8(1)— Civil P.C. (5 of 1908) , O.37 R.3— Reference to arbitration - Money suit - Defendant filing application for leave to defend - Seeking reference to arbitration on ground of arbitration agreement between parties - Expression 'first statement on the substance of the dispute' under S. 8(1) - Refers to submission of party to jurisdiction of judicial authority by offering to defend suit and thereby waiving his right to invoke arbitration clause - Defendant taking all objections on merits of case in his application for leave to defend - Defendant not objecting jurisdiction of Civil Court on ground of existence of arbitration agreement - It would be his first statement as per S. 8(1) - Stage for making reference for arbitration closed thereby. Expression 'first statement on substance of dispute' refers to s....