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Showing contexts for: invocation of arbitration in Prakash Cotton Mills Pvt. Ltd vs Vinod Tejraj Gowani on 28 August, 2014Matching Fragments
49. It is not in dispute that this Court has already considered interim measures in the arbitration petition filed by the applicants under Section 9 of the Arbitration and Conciliation Act and has granted ad interim reliefs. In so far as Judgment of Supreme Court in case of Young Achievers (supra) relied upon by Mr D'vitre learned senior counsel is concerned, the Supreme Court has considered a situation where the existing agreement between the parties containing arbitration clause was superceded/novated by a later agreement which did not contain an arbitration agreement. However, in this case, the applicants are placing reliance on the arbitration agreement recorded in clause 34 of the agreement dated 25/03/1997 which was in force on the date of invocation of arbitration agreement by the applicants. The Judgment of Supreme Court in case Young Achievers (supra) in my view would not assist the respondents and is clearly distinguishable with the facts of this case.