FARMERS' EQUITY PRIVATE LIMITED (FEP) versus MEHBOOB ALAM
Sections 34, 14 and 17 Civil Procedure Code (v. 1908), AXXIII, R 3 The defendant's request for a trial in the presence of a mediation agreement between the parties to the suit is dismissed, the arbitrator was called. After the date of the institution of the suit effect suit, the parties were subsequently referred to the parties for arbitration without leave of court by an agreement entered into after the institution of section 34 of the Arbitration Act, 1940. In which the cases were limited. The procedure for referring arbitration was provided in sections 21 to 25 of the Arbitration Act, 1940, in the pending case, without reference to the court's intervention, the arbitration and award was referred to the pending case. Arbitration and such awards cannot be made a court rule pursuant to Sections 14 and 17 of the Arbitration Act, 1940. The parties may at any time decide their case through a mutual agreement before a final decision is made under the provisions of O XXIII, Rule 3, CPC, whereby the existence of a legal agreement entails the execution of the mandatory arbitration agreement Was an essential prerequisite for The court's orders could not be classified as a legal contract pending the departure of the mandatory provisions of Articles 21 to 25 of the Arbitration Act, 1940, and the application made under section 34 of the Arbitration Act, 1940, Was rightfully excluded. Appeal dismissed
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