As per case facts, a suit was filed for mandatory injunction to retrieve documents and prevent claims based on them, following the termination of a development agreement. Petitioners, claiming an ... arbitration clause, sought to refer the dispute to arbitration, which the lower courts rejected, partly due to the non-submission of the original arbitration agreement. The question arose whether the dispute was arbitrable and if the Section 8 application was valid despite the original agreement not being filed, especially when the other party allegedly possessed it. Finally, the High Court ruled that the dispute, involving agreement termination and document return, is arbitrable. It held that the Section 8 application was valid under the proviso, even with a copy, as the original was allegedly with the opposite party. The Court found the lower courts erred by conducting a mini-trial and exceeding their limited review scope, thereby allowing the application and referring parties to arbitration.