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Union Of India vs Uttam Singh Dugal & Co. (Pvt.) Ltd. on 29 July, 1971 cites

Shiva Jute Baling Limited vs Hindley And Company Limited on 21 August, 1959

5. Section 31 of the Arbitration Act firstly prescribes the territorial jurisdiction of the Court in respect of arbitrations and then confers exclusive jurisdiction on such Court in respect of the arbitration agreement and the award, while Section 32 of the Act bars the right of a party in all such matters to institute a suit or proceed in any way otherwise than in accordance with the Arbitration Act. Section 33 gives the right to the party to have the determination of the existence, validity or legal effect of an arbitration agreement or an award. The opening words of Section 33. however, state that "any party to an arbitration agreement * * * * * desiring to challenge the existence or validity of an arbitration agreement * * * * * shall apply to the Court." The argument pressed for consideration is whether, a person like the petitioner before me, who affirms the existence of a valid arbitration agreement, can or cannot apply to the Court under Section 33, while it is the respondent who challenges the same. The counsel have cited a number of authorities, namely. Shiva Jute Baling Ltd, v. Hindley & Co. Ltd., .
Supreme Court of India Cites 10 - Cited by 33 - K N Wanchoo - Full Document
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