Report No. 76

8.32. Section 33 and denial of factual existence of agreement by alleged party.-

The words "any party to an arbitration agreement", in section 33, have raised some controversy as to whether they include a person who is alleged to be a party to the agreement, but who denies its existence. It has been held1 that these words include a person who is alleged to be a party to the agreement.2

In a Supreme Court case,3 it had been held that a party affirming the existence of a contract was entitled to file an application under the Act.

1. Vallabh Pitte v. Narsingdas, AIR 1963 Born 157 (161, 162).

2. For previous Bombay cases, see

(i) Bhagwan v. Atma, AIR 1945 Born 494;

(ii) Umadat v. Chandra, AIR 1947 Born 94.

3. Jawaharlal Barman v. Union of India, AIR 1962 SC 378.