Arbitration and Conciliation Act, 1996: s. 8 - Application under - Qziestioning the maintainability of the suit on the ground that the parties had agreed to settle the dispute through arbitration - Application dismissed holding that suit was maintainable as the case involved serious allegations as to fraud and malpractices - The order affirmed by High Court - On appeal, held: The cases where there are serious allegations of fraud that in normal course constitute criminal offence, and are complex in nature demanding extensive evidence, are to be treated as non-arbitrable and civil court should decide the matter - However, mere allegation of fraud simplicitor may not nullify the effect of arbitration agreement - Jn the present case, the allegations of fraud were not so serious which could not be decided by the arbitrator - Application u/s. 8 was wrongly rejected.