Arbitration Act – Sections and 8(2) – Certified copy of the original Award attested by Notary Public fulfills the mandatory requirement to refer the dispute in the civil suit to arbitration –  Calcutta High Court

By the order dated 7.7.2015 of the Civil Judge, JD, Siliguri, rejecting the application of the defendant filed under section 8 read with section 5 of the Arbitration Act, 1996, in Title Suit No.210 of 2013.

The plaintiff filed suit for declaration, injunction and consequential reliefs and also filed an application for temporary injunction.

After receipt of summons, the defendant filed application under Section 8 read with Section 5 of the AA to refer the matter to arbitration.   The certified copy of the original agreement attested by the Notary Public was produced.

HELD that it is not at all necessary for the trial Court to go into each and every part of the agreement to conduct a meticulous analysis of the arbitration clause.   When it prima facie satisfied that there is a valid arbitration clause entered into agreement on mutual consent the Court is bound to refer the parties to arbitration.   Since the certified copy of the agreement attested by the Notary Public was filed, it must be held that the mandatory requirement has been complied with.   Accordingly, the Court would be empowered to refer the matter to an arbitrator.

Judgment dated 2.4.2024 in C.O.No.3689 of 2015 of M/s Fullerton India Credit Company Ltd Vs. Ms Manju Khati