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CS Professional · Arbitration, Mediation and Conciliation · Arbitration: Introduction, Agreements and its Institutions

Kaveri Logistics applies under Section 8 to refer a dispute to arbitration, but its copy of the agreement is a plain photocopy, and the original is held by the other party, Himalaya Traders. Which course is consistent with the Act?

Kaveri should file the application with a copy of the agreement together with a petition asking the court to call upon Himalaya Traders to produce the original or a duly certified copy. The proviso to Section 8(2) provides this route when the other party retains the original.

  1. AThe application is dismissed, because only the original agreement can ever support the application
  2. BThe application is entertained on the photocopy alone, as no other document is required
  3. CKaveri files the application with a copy of the agreement and a petition praying the court to call upon Himalaya to produce the original or a certified copyCorrect
  4. DKaveri must first obtain an arbitral award, and only then may it approach the court

Explanation

Section 8(2) requires the original agreement or a certified copy with the application. The proviso covers the case where the other party retains it: the applicant files a copy along with a petition asking the court to call upon the other party to produce the original or certified copy. Outright dismissal ignores this proviso.

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