An application under section 8 of the Arbitration and Conciliation Act, 1996 is filed by the Defendant after the defendant has filed his written statement on merits and after framing of issues in which no issue qua Arbitrability is framed. The Court must
A. Issue notice of the application to plaintiff and call for reply
B. Allow the application if there is an Arbitration agreement
C. Dismiss the same as not maintainable
D. Frame as issue on the same to be determined at trial
Answer: Option C

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