Facts & Background:

• Greaves Cotton, a manufacturer of diesel engines, was Appellant.
• United Machinery and Appliances, a manufacturer of diesel generator sets, was the Respondent.
• The Appellant and the Respondent executed an agreement for the supply of diesel engines by the Appellant to the Respondent for incorporation into diesel gensets. The agreement included an arbitration clause under Article 10.1.
• The Respondent initiated Civil Suit No. 2 of 2015 before the High Court, seeking a decree for ₹4,92,76,854/- as compensation for alleged loss and damages resulting from the Appellant's breach of contract, with summons issued on 06.01.2015.
• The Appellant claimed outstanding dues of ₹1,04,53,103/-, filed an application for an extension of time on 07.07.2015 to submit a written statement and invoked the arbitration clause in the agreement via letter dated 08.07.2015.
• In response, the Respondent, in a reply dated 13.07.2015, denied the Appellant’s claim and objected to the invocation of the arbitration clause, asserting the pendency of the civil suit.
• The Appellant filed Application GA No. 2998 of 2015 under Sections 5 and 8 of the Arbitration and Conciliation Act, 1996, seeking referral to arbitration. The High Court, however, rejected the application determining waiver due to the Appellant's request for an extension of time to file the written statement.
• Hence, the Appellant filed the present appeal by special leave, challenging the High Court's order.
  

Main Issue:

• Whether filing of an application for extension of time to file written statement before a judicial authority constitutes – ‘submitting first statement on the substance of the dispute’ or not? (Paragraph 6)