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1 - 10 of 21 (0.29 seconds)Section 230 in The Indian Contract Act, 1872 [Entire Act]
Section 7 in The Arbitration And Conciliation Act, 1996 [Entire Act]
The Arbitration And Conciliation Act, 1996
Section 182 in The Indian Contract Act, 1872 [Entire Act]
Section 12 in The Arbitration And Conciliation Act, 1996 [Entire Act]
Cox And Kings Ltd. vs Sap India Pvt. Ltd. on 6 May, 2022
In Prem Nath Motors Limited (supra) the
Hon'ble Supreme Court held:
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.
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.
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.