Full Order Text
Final Order 1 · 08 Aug 2022 · CNR MHCC010133992019
Order Details: Notice of Motion Pdf Text: Daily Status IN THE COURT OF :Court 59 ASST SESSIONS JUDGE Case No. :NOTICE OF MOTION/0104898/2019 A and Z Creator Pvt Ltd Vs Reliable Clothing Pvt Ltd Date : 08-08-2022 Business : Matter called out at 3.10 pm Adv Bandana Chourasiya for plaintiff present Adv Zeenat Mulani for Defendant present Notice of Motion 4898/19 is pending for hearing. Plaintiff has not filed reply to the Notice of Motion. Adv for the plaintiff submits that plaintiff has no objection to allow prayer clause a of Notice of Motion. I have perused the Notice of Motion, supporting affidavit and documents annexed with the affidavit. The Notice of Motion is taken out to refer the dispute on arbitration under section 8 of the Arbitration and Conciliation Act, 1996. The invoices annexed with supporting affidavit stipulates a condition that dispute relating to the transaction shall be subject to the arbitration rules of Bharat Merchants Chamber, Mumbai and the award shall be final and binding on the parties. This indicates that there is arbitration agreement between the parties. Moreover, plff has no objection to refer the dispute to arbitration. Therefore, Notice of Motion 4898/19 is made absolute in terms of prayer clause a and is accordingly disposed off. Following order is passed below Exh 1 Order 1. The plaint be returned to plaintiff as dispute is referred to arbitration. 2. No order as to costs. 3. Suit No. 2295/18 stands disposed off. Nature of Disposal : ALLOWED Disposal Date : 08-08-2022 Court 59 ASST SESSIONS JUDGE -- 1 of 1 --