Voona Sarveswara Rao vs Andhravarapu Govinda Rajulu
2021 Latest Caselaw 2442 AP

          HIGH COURT OF ANDHRA PRADESH :: AT AMARAVATI

  MAIN CASE: SECOND APPEAL No.302 of 2021

                                 PROCEEDING SHEET

  Sl.     Date                             ORDER                               OFFICE
  No.                                                                           NOTE

   1.   16.7.2021   MVR,J
                              Second Appeal No.302 of 2021

                          Heard Sri Rayaprolu Srikanth, learned
                    counsel for the appellant. Considering the decrees
                    and judgments of the trial Court as well as the first




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                    appellate Court since the following substantial
                    questions of law arise for determination in this
                    second appeal, Admit:


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                          1. Whether the Courts below grossly erred in not
                             understanding Section 8(1) of Arbitration and
                             Conciliation Act, 1996, which clearly states
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                             that a petition for referring the matter to
                             Arbitration shall be applied not later than the
                             date of submitting the 1st statement on the
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                             substance of the dispute?
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                          2. Whether the Courts below grossly erred in not,
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                             at least observing that the application under
                             Section 8 of Arbitration and Conciliation Act,
                             1996, shall not be entertained unless it is
                             accompanied by the original arbitration
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                             agreement or a duly certified copy thereof,
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                             subject to the proviso?

                          3. Whether the First Appellate Court grossly
                             erred in directing the trial Court to refer the
                             matter to Arbitration as per the Section 8 of
                             Arbitration and Conciliation Act, 1996, more
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                             so when the so-called Partnership Deed which
                             contains the Arbitration clause is not filed
                             before the Court?

                          Issue notice to the respondent to submit

arguments in respect of the above substantisl questions of law (Arulmighu Nellukadai Mariamman Tirukkoil vs. Tamilarasi (dead) by LRs., Air 2019 SC 3027 followed).

List during the 2nd week of September 2021.

________ MVR,J Contd...., I.A.No.1 of 2021 Heard.

Interim stay of operation of decree in A.S. No.44 of 2019 dated 22.1.2020 on the file of the Court of learned Principal District Judge, Srikakulam, until further orders.

________ MVR,J vasu

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