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Renusagar Power Company Ltd vs General Electric Company And Anr on 16 August, 1984 cites

Shri Vallabh Pitte vs Narsingdas Govindram Kalani on 4 September, 1962

Oesterrei-chischer Waldbesitzer R. Gmbh and Per Roskill J. in Luanda Exportadora and Ors. v. Tamari & Sons & Others,(2) So far as Indian Law is concerned the position is clarified in Vallabh Pitti v. Narsingdas (supra)...a decision on which Counsel for Renusagar relied where the Bombay High Court has held that the jurisdiction of the arbitrators to decide the question of existence of the contract which contains an arbitration clause is not wholly taken away by mere denial of its existence; that the arbitrator may consider the question of jurisdiction, not to give final and binding judgment on that question but in order to determine what course they should adopt; that they may in a case hold that they have no jurisdiction and direct the party who affirms the jurisdiction to obtain a decision of the Court under the Arbitration Act but on the other hand if they are satisfied that they have got jurisdiction they may proceed with the arbitration and make their award; but a decree in terms of such award may not be made by the Court if at the time when one is sought the Court decides question of jurisdiction otherwise.
Bombay High Court Cites 27 - Cited by 12 - Full Document
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