Supreme Court · 1954 INSC 109 · Decided 1 November 1954
Anderson Wright LTD v. Moran and Company
- Court
- Supreme Court of India
- Citation
- 1954 INSC 109 · [1955] 1 S.C.R. 862
- Case number
- CIVIL APPEAL No. 205/1953
- Decided
- 1 November 1954
- Bench
- BIJAN KUMAR MUKHERJEA, VIVIAN BOSE, B. JAGANNADHADAS (3-judge bench)
- Outcome
- Appeal(s) allowed
- Case type
- Civil
- Acts & sections cited
- Arbitration Act Section 34
Headnote
I 862 SUPREME COURT REPORTS [19551 ANDERSON WRIGHT LTD. v. MORAN AND COMPANY. [MuKHERJEA, VIVIAN BosE and JAGANNADHADAS JJ. J Arbitration Act, 1940 (X of 1940), s. 34-Application under the section for stay of legal proceedings-Necessary conditions-Fulfil­ ment of-First essential the Indian Arbitration Act, 1940, it is necessary that the follow­ ing conditions should be fulfilled :- (I) The proceeding must have been commenced by a party to an arbitration agreement against any other party to the agree­ ment; (2) the legal proceeding which is sought to be stayed
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