In the case of Sections 20, 33 and 39 of the Arbitration Act 1940, the matter of arbitration was presented to the arbitrator in the agreement between the parties on the basis of the presence of a mediation clause between the parties. Although, in the present case, the showcase notice was issued but no officer, no prosecution and even FIR was available on record, the allegation of fraud in the case was not confirmed, the fraud by the appellant. Impact of the allegation cannot be waived from its right to be resolved through arbitration only if If sufficient material available to the trial court (division bench) has made the question of fraud, refused to intervene may be considered on its own merits at a later stage. The order passed by the judges in the High Court chambers under which the arbitrator was referred for appeal
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