Lokesh Dhawan vs Dalbir S. Gulati
2006 Latest Caselaw 422 Del

JUDGMENT

R.S. Sodhi, J.

1. CM(M) 338/2005 is directed against the order dated 7.06.2004 in Suit No.332/2003 whereby the learned Judge while adjudicating upon an application under Order 47 read with Section 114 and 151 CPC for review of order dated 29.04.2004 has held that there are no grounds to review the same.

2. It is contended by counsel for the petitioner that in the written statement the defendant had taken a plea that the suit was not maintainable since the arbitration agreement subsisted. The plaintiff in that suit continued to pursue his remedies and filed a replication denying such a clause. As a result, ultimately a preliminary decree was passed vide order dated 29.04.2004, where the defendant agreed that the suit which was for dissolution of partnership may be decreed.

3. It is contended by counsel for the petitioner that the petitioner who was the plaintiff in the trial court and who had specifically taken up the plea that the matter could not be referred to arbitration that since the defendant herein has raised the issue of arbitration the matter should now be referred to arbitration.

4. I have considered the plea raised by the petitioner. Having heard him as also counsel for the respondent, I am of the opinion that much water has flown and preliminary decree has also been suffered by the respondent herein and the suit of the plaintiff also appears to have been decreed.

5. In that view of the matter, at this belated stage referring the matter to arbitration would be defeating the ends of justice.

6. CM(M) 338/2005 & CM.APPL.2939/2005 are dismissed. Interim stay stands vacated.