Law:

Section:

(a) Civil Procedure Code (V of 1908)-------O. VII, R. 1 & S.9---Jurisdiction---Averments made in plaint would deemed to be correct and accepted for assumption of jurisdiction, which ex facie, did not bar jurisdiction of Court to entertain such suit. (b) Arbitration Act (X of 1940)--- ---S.20---Contract Act (IX of 1872), S.2(h)---Locus standi---to file suit assailed---Plaintiff was admittedly party to agreement for award of sub-contract by main contractor (defendant)---Plaintiff had signed agreement as also Memorandum of understanding on behalf of his establishment as proprietor which prima facie established that he was sole proprietor of the concern ---Averments in agreement in question and in Memorandum of understanding clearly stipulated that sub-contract would be governed by the terms and conditions of main agreement wherein reference to arbitration was provided in the event of dispute as to interpretation of terms of agreement and execution of project or otherwise---Plaintiff, thus, would have locus standi to approach the Court with suit for filing the agreement in Court and for referring dispute to arbitration.--[Locus standi]. (c) Arbitration Act (X of 1940)--- ----S. 20---Applicability of provision of S.20, Arbitration Act, 1940--­Essentials---Existence of arbitration agreement; differences arising between parties to agreement; and non-commencement of proceedings without intervention of Court, were essential ingredients for attracting provision of S.20, Arbitration Act, 1940---Where parties had entered into arbitration agreement before institution of any suit with respect to subject-matter of agreement or any part thereof, and where differences had arisen to which agreement was applicable, such persons or any of them instead of proceeding to arbitration without intervention of Court, could apply to Court having jurisdiction in such matter to which agreement related that agreement in question, be filed in Court. (d) Arbitration Act (X of 1940)--- . ----S. 20---Application under S.20, Arbitration Act, 1940---Prerequisites stated. The prerequisites for an application under section 20 are: (i) A subsisting and valid written arbitration agreement executed…

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