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1 - 5 of 5 (0.24 seconds)Jugal Kishore Rameshwardas vs Mrs. Goolbai Hormusji on 4 October, 1955
In AIR 1955 SC 812, Jugal Kishore Rameshshwardas
v/s Mrs. Goolbai Hormusji, there was a contract note between
the parties which was held to be valid and therefore, the mention
of arbitration clause in the said contract note was also held to be
valid which is again distinguishable from the facts of the instant
case. None of the authorities as placed on record by Ld. Counsel
for respondent comes to his rescue since in the instant matter, it
was only on the invoice, that there was mention of arbitration
clause. The petitioner of course admits having received the
goods against one of these invoices but there was no acceptance
on the part of the petitioner to agree to refer the dispute between
the parties to the arbitration. At the most, the term mentioned in
the invoice can be termed as proposal for reference of the dispute
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to the Arbitrator which was required to be accepted by the
petitioner which is not a case here. Mere acceptance of the
goods against this invoice affixing the stamp or putting and the
signature on the invoice as token of receipt of the material, would
not constitute an arbitration agreement between the parties.
There is no other agreement between the parties with respect to
the above nor any exchange of correspondence whereby it can be
inferred that the petitioner at any point of time had agreed for
reference of the dispute to the Arbitrator. There having been no
consensus ad-item with respect to mention of the reference of
dispute to the Arbitrator on the invoice which was only an
unilateral act on the part of the respondent, the subsequent
reference to the Arbitrator under these circumstances can not be
held to be valid.
J.K. Jain & Ors vs Delhi Development Authority & Ors on 26 September, 1995
In AIR 1996 SC 318, J.K. Jain & Ors. v/s DDA, the
arbitration clause was not included in the agreement itself but the
terms and conditions of the tender form including term about
reference of disputes to arbitration, was agreed to be made part
of main agreement and binding between parties. However, in the
instant case, there is also no previous agreement between the
parties or the proposal from the side of the respondent which
was subsequently become part of the agreement or contract
between the parties.
Banwari Lal Kotiya vs P.C. Aggarwal on 8 May, 1985
8. AIR 1985(3) SCC 255 Banwari Lal Kotiya v/s P.C.
Aggarwal, there was a valid agreement between the parties
containing the arbitration clause and the question was only with
respect to the reference of the dispute to the arbitration for which
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it was held that the fresh assent was not required to make an
actual reference to arbitration. This is also not the situation in the
instant case, since there is no dispute with respect to the
invocation of subsequent assent for making actual reference to
the Arbitrator but the agreement for reference of dispute to
Arbitrator is itself in dispute.
The Arbitration And Conciliation Act, 1996
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