Dear friends,
As per Section 8 (2)of Arbitration and conciliation act 1996 filing of Original or certified copy of Arbitration Agreement is compulsory. An application was dismissed on this ground alone after citing an authority of Supreme court delivered in 2008. But the Original Agreement was filed by the plaintiff in suit for Permanent injunction in which we filed this Arbitration application, means to say that the original agreement was on court file itself.
Now can anyone provide me any citation of Supreme court of India in which Arbitration application was allowed even if the Original or certified copy of Arbitration Agreement was not filed with application for arbitration.
