Techtix Engineers v. Megastone Logipark Pvt. Ltd. & Ors.
Court – Gujarat High Court
Citation – R/Special Civil Application No. 6878 of 2023
Date – 07.10.2025
The Hon’ble Gujarat High Court has held that the certified copy of the arbitration agreement is not necessary if an undisputed agreement copy is on record.
The Court held,
“17. According to my view,once by any form of application, it brought to notice of the Court that the arbitration agreement exists between the parties, approach of the Court would only to see that in view of such arbitration agreement, still the Court has jurisdiction to decide lis between parties.
18. It further appears from the record and so also from bare reading of the impugned order that copy of an agreement produced by the defendant along with an application under Section 8 of the Act, 1996 is not disputed by the plaintiff. So, fact remains that the copy of arbitration agreement submitted on record either by plaintiff or defendant being same than according to my view, there is as such no mandatory requirement to have its certified copy on record, when party filed an application under Section 8 of the Act, 1996.
29. In view of forgoing observation, discussion and reasons, it lead to only one conclusion that impugned application though titled as filed under Order VII rule 11 of CPC read with Section 8 of the Act, 1996, would maintainable in law and so also merely because a certified copy of an arbitration agreement is not accompanied with the impugned application, it would not be a ground to reject the impugned application, inasmuch as the copy of arbitration agreement on record, be it with plaint or with the impugned application, is not disputed by the plaintiff.”
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