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As per case facts, the plaintiff filed a suit for permanent injunction to restrain the defendant from claiming a share in a firm. The defendant moved to reject the plaint,
...citing an arbitration clause and ongoing arbitration since 2007. The Trial Court rejected the suit, but the First Appellate Court directed referral to arbitration. The plaintiff then appealed to the High Court, with the defendant filing cross-objections. The question arose whether the lower courts erred in referring the matter to arbitration, considering the timing of the application and the non-production of the original arbitration agreement. Finally, the High Court held that the substantial questions of law raised did not arise, confirming that an arbitration clause existed, and proceedings were already underway. It upheld the First Appellate Court's decision to refer the matter to arbitration, dismissing both the appeal and cross-objections.
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