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M/S Sundaram Finance Limited And Anr vs T. Thankam on 20 February, 2015

13.Learned counsel for the respondent submits that Respondent No 2 and 3 are not parties to the agreements and therefore, the present petition is liable to be dismissed. It is submitted that in Sundaram Finance Ltd. v. T. Thankam, (2015) 14 SCC 444, the Apex court held that in the case of more than one party to a petition, if there are those not covered under the arbitration agreement or those not party to the arbitration agreement, then such matter cannot be referred to Arbitration against such parties.
Supreme Court of India Cites 11 - Cited by 112 - Full Document

Deutsche Postbank Home Fin.Ltd vs Taduri Sridhar & Anr on 29 March, 2011

16.Learned counsel submits that Respondent No. 2 and 3 have only acted in their capacity as directors of Respondent No.1 and cannot be held personally liable. Reliance is placed on Deutsche Post Bank Home Finance Ltd. v. Taduri Sridhar, (2011) 11 SCC 375 wherein reference was made to Jagdish Chander v. Ramesh Chander 2007 (5) SCC 719, Yogi Agarwal v. Inspiration Clothes & U 2009 (1) SCC 372 and S.N. Signature Not Verified Digitally Signed ARB.P. 667/2023 Page 7 of 15 By:PALLAVI VERMA Signing Date:25.01.2024 16:12:53 Prasad v. Monnet · Finance Ltd. (2011) 1 SCC 320. It is submitted that since Arbitration Agreement was only executed between the Petitioner and Respondent No. 1, there exists no arbitration agreement wherein Respondent No. 2 and 3 are parties, therefore, the name of Respondent No. 2 and 3 may be deleted from the array of parties before referring the matter for arbitration.
Supreme Court of India Cites 9 - Cited by 38 - R V Raveendran - Full Document

Jagdish Chander vs Ramesh Chander & Ors on 26 April, 2007

16.Learned counsel submits that Respondent No. 2 and 3 have only acted in their capacity as directors of Respondent No.1 and cannot be held personally liable. Reliance is placed on Deutsche Post Bank Home Finance Ltd. v. Taduri Sridhar, (2011) 11 SCC 375 wherein reference was made to Jagdish Chander v. Ramesh Chander 2007 (5) SCC 719, Yogi Agarwal v. Inspiration Clothes & U 2009 (1) SCC 372 and S.N. Signature Not Verified Digitally Signed ARB.P. 667/2023 Page 7 of 15 By:PALLAVI VERMA Signing Date:25.01.2024 16:12:53 Prasad v. Monnet · Finance Ltd. (2011) 1 SCC 320. It is submitted that since Arbitration Agreement was only executed between the Petitioner and Respondent No. 1, there exists no arbitration agreement wherein Respondent No. 2 and 3 are parties, therefore, the name of Respondent No. 2 and 3 may be deleted from the array of parties before referring the matter for arbitration.
Supreme Court of India Cites 10 - Cited by 167 - R V Raveendran - Full Document
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