Uttam Chand Rakesh Kumar & Ors. vs Derco Foods on 9 November, 2020
13.7. Furthermore, an anti-arbitration injunction ought to be granted by a court
only if a clear case is made out by the plaintiff that the proceedings before the
arbitral tribunal would be vexatious and/or oppressive as it is, in my opinion,
incumbent upon the Court before which such an action is instituted to encourage
I.A.
Signature Not No. 6117-2020
Verified in CS (COMM) 248-2020 Page 32 of 49
Digitally Signed
By:VIPIN KUMAR RAI
Signing Date:10.11.2020
15:23:51
parties to have their disputes determined by the forum chosen by them. This
principle would apply with greater force where, in the Court's assessment, a
trial would be necessary qua issues which have arisen between the disputants.
[See: Himachal Sorang Power Private Limited vs. NCC Infrastructure
Holdings Limited2, 2019 SCC OnLine Del 7575]
13.8. The judgements cited on behalf of the plaintiffs pertain to Part I of the
1996 Act and deal with accord and satisfaction. These judgements3 pertain to a
period before the Arbitration and Conciliation (Amendment) Act, 2015 [in short
"2015 Amendment Act"] came into force on 23.10.2015 and was published in
the Gazette of India on 01.01.2016.