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1 - 10 of 14 (0.19 seconds)Section 8 in The Limited Liability Partnership Act, 2008 [Entire Act]
Avitel Post Studioz Limited And Ors. vs Hsbc Pi Holding (Mauritius) Limited on 19 August, 2020
It is enough to state that there is a sea change between Section 8 of
the 1996 Act and Section 20 of the Arbitration Act, 1940, as has
been held in paras 17 to 21 of Avitel Post Studioz Ltd. v. HSBC PI
Holdings (Mauritius) Ltd. [Avitel Post Studioz Ltd. v. HSBC PI
Holdings (Mauritius) Ltd., (2021) 4 SCC 713] Post amendment, it is
clear that the judicial authority before which an action is brought
shall, if the other conditions of Section 8 are met, refer the parties to
arbitration unless it finds that prima facie, no valid arbitration
agreement exists. As has been held hereinabove, in the present case,
the finding that is returned is correct -- a valid arbitration
agreement certainly exists as the agreements that are sought to be
cancelled are not stated not to have ever been entered into.
Section 9 in The Arbitration And Conciliation Act, 1996 [Entire Act]
The Arbitration And Conciliation Act, 1996
Deccan Paper Mills Co. Ltd. vs Regency Mahavir Properties . on 19 August, 2020
11. The law on the subject is now well settled by Hon'ble
Supreme Court in case titled as Deccan Paper Mills Co.
Ltd. v. Regency Mahavir Properties, 2020 SCC OnLine SC
655, to quote :-