$~3
* IN THE HIGH COURT OF DELHI AT NEW DELHI
RESERVED ON : December 11, 2014
DECIDED ON : January 21, 2015
+ CS(OS) 2492/2012
M/S RAMESHWAR DASS & SONS (HUF) ..... Plaintiffs
Through : Mr.Aditya Singh, Advocate.
VERSUS
M/S CARAVEL LOGISTICS PVT. LTD. & ANR. ..... Defendants
Through : Mr.C.N.Sreekumar, Advocate.
CORAM:
HON'BLE MR. JUSTICE S.P.GARG
S.P.GARG, J.
IA No.3075/2014 (u/S 8 of Arbitration Act)
1. The plaintiffs have instituted the instant suit for recovery of ` 26,67,230/- for the loss suffered on account of fault attributed to the defendants.
2. In the instant application the defendant No.1 has averred that there was an arbitration agreement between the parties to refer the dispute within the limits of Chennai. This fact finds mention in various invoices filed on record by the plaintiffs. The claim is contested by the plaintiffs.
3. I have heard the learned counsel for the parties and have examined the file. Learned counsel for the defendant No.1 urged that invoices filed on record by the plaintiffs, which are not in dispute, CS (OS) 2492/2012 Page 1 of 5 illustrate that there was an agreement between the parties to refer the disputes to arbitration. This fact was concealed by the plaintiffs in the plaint. The proceedings are liable to be stayed under Section 8 of the Arbitration and Conciliation Act, 1996. It is further stated that provis