NAMBIAR TUESDAY v. REVIEW

M.SASIDHARAN NAMBIAR, J.-------------------------------R.P.No.877 of 2008 in W.P.(C) No.20851 of 2008-------------------------------Dated this the 19th August, 2008.

O R D E R This petition is filed to review the judgment dated,10.7.2008, in W.P.(C) No.20851 of 2008. As per the judgment, this Court directed District Court to pass necessary orders inI.A.No.432 of 2008, before passing orders in the application for injunction. I.A.No.432 of 2008 is an application filed under Section 8(1) of the Arbitration and Conciliation Act, 1996. 2. The argument of the learned counsel appearing for the petitioner is that the judgment also contains a direction not to pass orders in any other application before an order is passed in I.A.No.432 of 2008, and because of that direction, learned District Judge is prevented from considering the application filed under Order 1 of Rule 8 of Code of CivilProcedure and also petition for amendment of plaint. RP.No.877 of 200823. When a petition under Section 8(1) of the Arbitration and Conciliation Act is filed, before dealing with the suit, trial court is bound to consider whether there is a valid agreement executed by the parties and it contains an arbitration clause. If the conditions provided under Section 8(1) of Arbitration and Conciliation Act are satisfied, Court shall refer the parties to arbitration. It is in such circumstances, in the judgment, it was directed not to pass any order in any other application, before disposing I.A.No.432 of 2008. That does not mean that the Court is not competent to pass an order in an application filed under Order VI Rule 17 or Order I of Rule 8 of Code of Civil Procedure. There is no apparent error or other sufficient reason to review the judgment. Review petition is dismissed. M.SASIDHARAN NAMBIAR, JUDGEnj.