Punjab-Haryana High Court
R.K. Sangwan vs Sukhbir Singh Shergil And Ors on 30 January, 2023
RAJ KUMAR
2023.02.01 18:53
IN THE HIGH COURT OF PUNJAB AND HARYANA
AT CHANDIGARH
107
CR No.3571 of 2022
DATE OF DECISION : 30° JANUARY, 2023
R. K. Sangwan
.... Petitioner
Versus
Sukhbir Singh Shergill & others
.... Respondent
CORAM : HON'BLE MR. JUSTICE RAJBIR SEHRAWAT
OK Ok 3K
Present: Mr. A. S. Bakshi, Advocate for petitioner.
Mr. K. S. Dhillon, Advocate for respondents No.1 & 2.
Mr. Sandeep, Additional Advocate General, Punjab
for respondent No.3.
Ms. Rameet Bakshi, Advocate for respondent No.4.
Mr. Arshdeep Singh Arora, Advocate for respondent No.5.
3K OK OK 2
RAJBIR SEHRAWAT, J. (Oral)
The petitioner has filed this petition under Article 227 of the
Constitution of India, praying for setting aside order dated 28.04.2022
(Annexures P-24) passed by the Additional District and Sessions Judge
(Commercial Court), SAS Nagar whereby the applications filed by the
petitioner-defendant No.4 under Section 5 and Section 8 of the
Arbitration and Conciliation Act, 1996 (in short, the Arbitration Act) and
application under Order 7 Rule 11 of the Civil Procedure Code have been
dismissed; along with certain other prayers.
The perusal of the case file itself shows that the applications
were filed by the petitioner before the trial court under different
provisions, namely, Sections 5 and 8 of the Arbitration Act, as well as,
Order 7 Rule 11 of the Civil Procedure Code. Referability to arbitration
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RAJ KUMAR
2023.02.01 18:53
CR No.3571 of 2022
is not a ground presumed for rejection of the plaint under Order 7 Rule
11 CPC, nor the same can be used for moving application Order 7 Rule
11 CPC. Rather, a different course of action is prescribed under Section
8 of the Arbitration Act. Therefore, this court does not find any ground
to interfere with the order impugned in the present petition qua dismissal
of the application moved by the petitioner under Order 7 Rule 11 of the
Civil Procedure Code.
The counsel for the respondents have pointed out that any
order passed under Section 8 of the Arbitration Act, refusing arbitration,
is appealable under Section 37 of the Arbitration Act.
Therefore, since the petitioner is having remedy of appeal,
this court does not find it appropriate to interfere in the matter qua
rejection of the applications filed under Section 8 of the Arbitration Act.
Accordingly, the present petition is dismissed. However, the
petitioner would be at liberty to avail his statutory remedy of appeal, but
in accordance with law.
30" JANUARY, 2023 (RAJBIR SEHRAWAT)
'raj' JUDGE
Whether speaking/reasoned: Yes No
Whether Reportable: Yes No
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integrity of this document/judgment
