remedy of arbitration cannot over-ride
such special remedy; and the „doctrine of election‟ is not available to
a party5.
10.5. That most importantly ... security interest in terms of the
SARFAESI Act and the „doctrine of election‟ does not hamper such
enforcement, since no choice is available as between
remedy of arbitration cannot over-ride
such special remedy; and the „doctrine of election‟ is not available to
a party5.
10.5. That most importantly ... security interest in terms of the
SARFAESI Act and the „doctrine of election‟ does not hamper such
enforcement, since no choice is available as between
remedy of arbitration cannot over-ride
such special remedy; and the „doctrine of election‟ is not available to
a party5.
10.5. That most importantly ... security interest in terms of the
SARFAESI Act and the „doctrine of election‟ does not hamper such
enforcement, since no choice is available as between
remedy of arbitration cannot over-ride
such special remedy; and the „doctrine of election‟ is not available to
a party5.
10.5. That most importantly ... security interest in terms of the
SARFAESI Act and the „doctrine of election‟ does not hamper such
enforcement, since no choice is available as between
remedy of arbitration cannot over-ride
such special remedy; and the „doctrine of election‟ is not available to
a party5.
10.5. That most importantly ... security interest in terms of the
SARFAESI Act and the „doctrine of election‟ does not hamper such
enforcement, since no choice is available as between
remedy of arbitration cannot over-ride
such special remedy; and the „doctrine of election‟ is not available to
a party5.
10.5. That most importantly ... security interest in terms of the
SARFAESI Act and the „doctrine of election‟ does not hamper such
enforcement, since no choice is available as between
enunciated in
Vidya Drolia, namely that a litigant cannot exercise the
„doctrine of election‟ to select arbitration as an alternative
remedy if it is inconsistent ... whereof squarely cover the present case,
both on the issue of „doctrine of election‟ and „non-arbitrability‟
of certain kinds of disputes:
"53. Dhulabhai
supra)39 the
relevant portion whereof reads as follows :
"The doctrine of election which has been applied in this case
is well-settled ... barsati room/terrace. In any case, it is argued that this doctrine of
election under sections 187 and 188 of the Indian Succession
university or
its colleges was immaterial.
16. Senior Counsel also cites the „doctrine of necessity‟, which he
submits would apply to the circumstances ... doctrine of necessity would obviate an allegation of bias in the present case.
On this point he cites the case of Election Commission of India
language of
the provision. Undoubtedly, there can be exceptions to the said
doctrine. Therefore, we refrain from giving an exhaustive
catalogue of the cases where ... Sinha [(1970) 2 SCC 458] .)
21. In Mohinder Singh Gill v. Chief Election Commr. explaining
as to what is meant by expression "civil consequence