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1 - 3 of 3 (0.17 seconds)Swiss Timing Ltd vs Organizing Committee Commonwealth ... on 28 May, 2014
11. This Court finds that the claim relates to entitlement of
the petitioner for doing certain work as per the agreement
having arbitration clause. In such circumstances, merely
because a criminal case is pending, it cannot be a ground to
refuse to refer the matter for arbitration. Arbitration
proceedings can certainly be considered by the learned
arbitrator by taking into account the issue of registration of
criminal case in addition of any other issue that may
legitimately arise. Such view has been taken by the Hon'ble
Supreme Court in the judgment reported in (2014) 6 SCC 677
(Swiss Timing Ltd. Vs. Commonwealth Games 2010 Organising
Committee); (2015) 16 SCC 258 (China Railway Shisiju Gr. Corpn.
Vs. New Delhi Municipal Council).
M/S China Railway Shisiju Gr. Corp vs New Delhi Municipal Council &Amp ... on 19 January, 2015
11. This Court finds that the claim relates to entitlement of
the petitioner for doing certain work as per the agreement
having arbitration clause. In such circumstances, merely
because a criminal case is pending, it cannot be a ground to
refuse to refer the matter for arbitration. Arbitration
proceedings can certainly be considered by the learned
arbitrator by taking into account the issue of registration of
criminal case in addition of any other issue that may
legitimately arise. Such view has been taken by the Hon'ble
Supreme Court in the judgment reported in (2014) 6 SCC 677
(Swiss Timing Ltd. Vs. Commonwealth Games 2010 Organising
Committee); (2015) 16 SCC 258 (China Railway Shisiju Gr. Corpn.
Vs. New Delhi Municipal Council).
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