Right under Sec.8 of Arbitration Act is not taken away merely because defendant files adjournment application for filing a Written Statement.
Important Judgment on Sec.8 of Arbitration Act. "Mere filing of an application for extension of time to file written statement before a judicial authority does not constitute‘submitting first statement on the substance of the dispute" - Hon. Apex Court. The Apex Court in its recent judgment in the case of Greaves Cotton Limited V/s. United Machinery and Appliances, has observed as above. http://judis.nic.in/supremecourt/imgs1.aspx?filename=44393 Facts in short : 1. An agreement containing arbitration clause was executed between the parties for supply of diesel engines by the appellant to the respondent for using the same in the diesel gensets. Incase of any dispute, the matter was to be referred to the Sole Arbitrator, at Mumbai. 2. The plaintiff-respondent filed civil suit in Calcutta High Court thereby seeking decree for an amount of Rs.4,92,76,854/- towards the loss and damages suffered by it on account of alleged breach of contract on the part of