ALLAHABAD HIGH COURT: WHILE FILING APPLICATION UNDER SECTION 8 OF ARBITRATION ACT, APPLICANT IS NOT REQUIRED TO DISPUTE CONTENTS OF PLAINT

The Allahabad High Court in the case Atul Pratap Singh v. Indian Oil Corporation Limited and 3 Others observed and has held that there being no requirement for the applicant to dispute the contents of the plaint, while filling in an application under Section 8 and the very fact that an application has been filed necessarily means that the applicant wants to refer the dispute to arbitration.

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The bench comprising of Chief Justice Arun Bhansali and Justice Vikas Budhwar was hearing the present matter.

The court in the case held that the scope of judicial review and jurisdiction of the Court as stated under Section 8 and Section 11 of the Act is identical, but extremely limited and restricted with little interference from court.

FACTS OF THE CASE: The appellant has challenged the order passed by the Commercial Court, Jhansi under Section 8 of the Arbitration and Conciliation Act, 1996.

The said dispute arose from the working of a retail outlet, RO which being in the name of M/s Kamadgiri Filling Station at Khoh, District Chitrakoot operated by the late Sri Balendu Kumar Singh. After the death of Balendu Kumar Singh, various family disputes emerged between the legal heirs, that stopped the operation of the RO. The Indian Oil Corporation Limited claimed its outstanding for the fuel supplied before the RO ceased to operate.