Mere Non­-Filing Of Original/Certified Copy Of Arbitration Agreement Does Not Entail Dismissal Of Application For Reference: SC [Read Judgment]

What is prohibited is the entertainment of the application unless it is accompanied by the original arbitration agreement or a duly certified copy thereof, the Court said.The Supreme Court in Ananthesh Bhakta vs. Nayana A. Bhakta, has observed that filing of an application seeking reference to arbitration under Section 8 of the Arbitration and Conciliation Act, 1996, without producing. What is prohibited is the entertainment of the application unless it is accompanied by the original arbitration agreement or a duly certified copy thereof, the Court said. The Supreme Court in Ananthesh Bhakta vs. Nayana A. Bhakta, has observed that filing of an application seeking reference to arbitration under Section 8 of the Arbitration and Conciliation Act, 1996, without producing original or certified copy of the arbitration agreement, shall not entail rejection of the application under Section 8, if the applicant brings the original arbitration agreement on record at the time when the court is considering the application. On appeal, the apex court rejected the contention that it is mandatory to file the original arbitration agreement or a duly certified copy thereof along with the application seeking reference to the arbitration, observing thus: "what is prohibited is the entertainment of the application unless it is accompanied by the original arbitration agreement or a duly certified copy thereof."