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M/S. Sant Ram & Company vs The State Of Rajasthan & Ors on 20 November, 1996

In Sant Rain's case, supra, the facts were that the party concerned straightaway filed an application under Order 39, Rule 1, CPC read with Section 41(b) of the old Arbitration Act. The learned District Judge before whom the said application was filed, rejected the same on the ground that it was not maintainable when no arbitration proceeding was pending and the said order was confirmed in an appeal by the High Court. Therefore, the facts in the case are much similar to the facts in this case. But it is submitted by the learned Counsel that the provisions of the old Arbitration Act are quite different from Section 9 of the present Arbitration Act. Section 4K(b) of the Arbitration Act, 1940, reads as follows:
Supreme Court of India Cites 7 - Cited by 15 - Full Document
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