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Kharidar Kapra Company Vs. Rukmanand Ramdeo - Court Judgment

LegalCrystal Citation
CourtAllahabad
Decided On
Judge
Reported inAIR1923All139; 71Ind.Cas.144
AppellantKharidar Kapra Company
RespondentRukmanand Ramdeo
Excerpt:
arbitration act (ix of 1899), section 19 - arbitration--agreement to refer--defendant submitting to jurisdiction of court--estoppel. - - the lower appellate court has given very strong reasons for its view that, under section 19 of the arbitration act, the defendant, who is the appellant now before us, having submitted to the jurisdiction of the trial court and not having pleaded the agreement to submit to arbitration at the earliest possible moment as required by law, was'precluded from relying upon this objection. we are satisfied that the lower appellate court was right and we dismiss this appeal with costs.1. this is a first appeal from an order of remand. the question for determination was whether the suit was to be tried out on the merits by the first court; or whether the parties were bound by a subsisting agreement to refer the dispute to arbitration. the lower appellate court has given very strong reasons for its view that, under section 19 of the arbitration act, the defendant, who is the appellant now before us, having submitted to the jurisdiction of the trial court and not having pleaded the agreement to submit to arbitration at the earliest possible moment as required by law, was'precluded from relying upon this objection. we are satisfied that the lower appellate court was right and we dismiss this appeal with costs.
Judgment:

1. This is a first appeal from an order of remand. The question for determination was whether the suit was to be tried out on the merits by the First Court; or whether the parties were bound by a subsisting agreement to refer the dispute to arbitration. The lower Appellate Court has given very strong reasons for its view that, under Section 19 of the Arbitration Act, the defendant, who is the appellant now before us, having submitted to the jurisdiction of the Trial Court and not having pleaded the agreement to submit to arbitration at the earliest possible moment as required by law, was'precluded from relying upon this objection. We are satisfied that the lower Appellate Court was right and we dismiss this appeal with costs.


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