1

Mr. A. Mr. B and Mr. C are partners in XYZ partnership firm. The firm made agreement in writing to refer a dispute between them in business to an arbitrator. In-spite of this agreement Mr. B files a suit against Mr. A. and Mr. C relating to the dispute in a court. Examine on the admission of the suit filed by Mr. B in the court in light of Arbitration and Conciliation Act, 1996.

  • A

    Yes, it can be admitted by the court, as the said court has jurisdiction over the matter and it overpowers arbitration agreement

  • B

    Yes, it can be admitted by the court, only in the case of challenge to the arbitral award in appeal

  • C

    Yes, it can be admitted by the court, if Mr. A. and Mr. C mutually agrees.

  • D

    No it cannot be admitted by the court, as jurisdiction of court is ousted because of existence of a valid arbitration agreement.