Search Results Page

Search Results

1 - 10 of 10 (0.64 seconds)
M/S. Saipem Triune Engineering Pvt. Ltd vs Indian Oil Petronas Pvt. Ltd. on 10 January, 2011 cites

P. Anand Gajapathi Raju & Ors vs P.V.G. Raju (Died ) & Ors on 28 March, 2000

16. As observed by Supreme Court in P.Anand Gajapathi Raju And Others vs. P.V.G. Raju (Dead) And Others, (2000) 4 SCC 539, the language of Section 8 of Arbitration & Conciliation Act is preemptory and, therefore, it is obligatory for the Court to refer the parties to arbitration in terms of their arbitration agreement and in such a case, nothing remains to be decided in the original action.
Supreme Court of India Cites 8 - Cited by 385 - Full Document

M/S. Konkan Railway Corporation Ltd. & ... vs M/S. Rani Construction Pvt. Ltd on 30 January, 2002

14. In Hindustan Petroleum Corporation Ltd. v. M/s Pinkcity Midway Petroleums, AIR 2003 SC 2881 the appellant before the Supreme Court filed an application under Section 8 read with Section 5 of the Arbitration and Conciliation Act, 1996 in a civil suit filed by the respondent seeking a decree of declaration. The learned Civil Judge dismissed the application holding that the disputes between the parties were not covered by the arbitration agreement. The revision filed by the appellant against that order was dismissed by the High Court. Setting aside the decision of the High Court, the supreme Court referred to the decision of its Constitutional Bench in Konkan Railway CS(OS)No.2340/2008 Page 13 of 16 Corporation Ltd. v. Rani Construction Pvt. Ltd., AIR 2002 SC 778 and held that if there is any objection as to the applicability of the arbitration clause to the facts of the case, the same will have to be raised before the concerned arbitral tribunal and, therefore, the Courts below ought not to have proceeded to examine the applicability of the arbitration clause to the facts of the case in hand but ought to have left that issue to be determined by that arbitral tribunal.
Supreme Court of India Cites 22 - Cited by 332 - Full Document
1