Stay of proceedings in suit

Filing of application under S.34 of Arbitration Act, 1940 by defendant after having availed several adjournments for filing written statement

Application filed by the petitioner/defendant was dismissed

Validity

Petitioner/defendant on number of occasions had not only appeared before the Court but in order to contest the suit availed opportunities to file written statement

Application under S.34, Arbitration Act, 1940 was moved in order to avoid the filing of written statement for which the trial court had provided last and final opportunity to the petitioner

Act on the part of petitioner/defendant in filing the belated application under S.34 of Arbitration Act, 1940 was not only violative to the requirements of said provision of law but also was contumacious in order to avoid the filing of written statement

Trial court had rightly proceeded to dismiss the application of petitioner

Revision petition was dismissed.