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YEZDIAR HOMI KAIKOBAD versus FEROZSONS LTD. THROUGH CHIEF EXECUTIVE


Section 17 Arbitration Act (X of 1940), Section 34 Withholding Procedure Referring to Arbitration Implementation of Arbitration Clause, One Step in Action In Response to Notice issued by the Tenant Controller, Submitted by Tenants The wind that demanded a postponement to file. At the last postponement date of the written response hearing, the tenants applied for the case to be referred to the arbitrator, stopped the process of dismissal, and the matter was referred to the arbitrator Plea, who had sought the rejection of the tenants. Therefore, the provisions of section 34 of the Arbitration Act, 1940, were not applicable; any party requested to submit the matter to the court at any time before filing a written statement or taking any action in the proceedings. In any court of law, without interruption and before submitting information in the court's jurisdiction In his words, he said that he was going to insist on the implementation of the arbitration clause where a party appeared for the defendant, the court obtained the motion for filing a written statement, such party would be considered to waive its rights and Cannot proceed. The tenants did not apply to the court on the first date of the eviction hearing and failed to avail themselves of Section 34 of the Arbitration Act, 1940, while the case was adjourned by the rental controller. The order was set aside and the solicitation request was heard Merit is considered pending before the rent controller for decision on which appeal is allowed accordingly.

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