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1 - 10 of 30 (2.38 seconds)The Code of Civil Procedure, 1908
The Arbitration And Conciliation Act, 1996
Sharad P Jagtiani vs M/S Edelweiss Securities Limited on 3 March, 2014
33. Keeping in view the aforesaid judgments as well as the
judgment in Eastern Medikt (supra) and judgments of the learned
Single Judge and Division Bench of this Court in Sharad P. Jagtiani
(supra), this Court is of the view that the party invoking the arbitration
CS(OS) 125, 126 & 127 of 2017 Page 26 of 27
clause does not have to file a formal application seeking a specific
prayer for reference of the dispute to arbitration as long as it raises an
objection in the written statement that the present suit is not
maintainable in view of the arbitration clause in the agreement.
Rashtriya Ispat Nigam Limited & Anr vs M/S Verma Transport Company on 8 August, 2006
31. The Supreme Court in Rashtriya Ispat Nigam Ltd. and Anr.
Vs. Verma Transport Co., (2006) 7 SCC 275 has held as under:-
Section 11 in The Arbitration And Conciliation Act, 1996 [Entire Act]
Section 34 in The Arbitration And Conciliation Act, 1996 [Entire Act]
Ananthesh Bhakta Reptd. By Moter Usha A ... vs Nayana S. Bhakta And Ors on 15 November, 2016
9. Learned senior counsel for the plaintiffs also relied on Booz
Allen and Hamilton Inc. Vs. SBI Home Finance Limited & Ors.,
(2011) 5 SCC 532, Sukanya Holdings Pvt. Ltd. Vs. Jayesh H.
Pandya & Anr., AIR 2003 SC 2252, Ananthesh Bhakta Rep. by
Mother Usha A. Bhakta Vs. Nayana S. Bhakta & Ors., 2016 (12)
SCALE 8, Greaves Cotton Ltd. Vs. United Machinery & Appliances,
(2017) 2 SCC 268 and Pawan Bagaria Vs. Gontermann-Peilpers (I)
Ltd., 2004 SCC Online Cal 154.
Greaves Cotton Limited vs United Machinery And Appliances on 14 December, 2016
9. Learned senior counsel for the plaintiffs also relied on Booz
Allen and Hamilton Inc. Vs. SBI Home Finance Limited & Ors.,
(2011) 5 SCC 532, Sukanya Holdings Pvt. Ltd. Vs. Jayesh H.
Pandya & Anr., AIR 2003 SC 2252, Ananthesh Bhakta Rep. by
Mother Usha A. Bhakta Vs. Nayana S. Bhakta & Ors., 2016 (12)
SCALE 8, Greaves Cotton Ltd. Vs. United Machinery & Appliances,
(2017) 2 SCC 268 and Pawan Bagaria Vs. Gontermann-Peilpers (I)
Ltd., 2004 SCC Online Cal 154.
P. Anand Gajapathi Raju & Ors vs P.V.G. Raju (Died ) & Ors on 28 March, 2000
The
Supreme Court in P. Anand Gajapati Raju v. P.V. G.
Raju (2000) 4 SCC 539 has held that the language of Section 8
is peremptory and it is obligatory for the Court to refer the
parties to arbitration in terms of Arbitration Agreement.