Supreme Court · 2008 INSC 9 · Decided 4 January 2008
Atul Singh & ORS. v. Sunil Kumar Singh & ORS.
- Court
- Supreme Court of India
- Citation
- 2008 INSC 9 · [2008] 1 S.C.R. 44
- Case number
- CIVIL APPEAL No. 10/2008
- Decided
- 4 January 2008
- Bench
- G.P. MATHUR, AFTAB ALAM (2-judge bench)
- Outcome
- Case Allowed
- Case type
- Civil
- Acts & sections cited
- Arbitration Act Section 7, 8, 34
Headnote
Arbitration and Conciliation Act, 1996 - ss. 7 and 8 - Application of s. 8 - Suit for declaration that partnership deed c void and illegal and other reliefs - Reference of dispute to arbitrator by High Court - Sustainability of - Held: On facts, no document to show that either plaintiffs or his of dispute to arbitrator, thus s. 8 not applicable to any dispute regarding the D said partnership deed - Only civil court could grant relief for declaration in the suit and not an arbitrator - Moreso, applications for reference of dispute to arbitration not accompanied by original
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