Supreme Court · 2007 INSC 474 · Decided 26 April 2007
Jagdish Chander v. Ramesh Chander and ORS.
- Court
- Supreme Court of India
- Citation
- 2007 INSC 474 · [2007] 5 S.C.R. 720
- Case number
- CIVIL APPEAL No. 4467/2002
- Decided
- 26 April 2007
- Bench
- H.K. SEMA, R.V. RAVEENDRAN (2-judge bench)
- Outcome
- Appeal(s) allowed
- Case type
- Civil
- Acts & sections cited
- CPC Section 89; Arbitration Act Section 7, 11(5), 11(6)
Headnote
Arbitration and Conciliation Act, 1996: Sections 7 and /I-Arbitration agreement and appointment of C arbitrator-Settlement of disputes clause in Deed of Partnership-Providing for disputes to be settled mutually or referred for arbitration if parties so determine-Held, the relevant clause of Deed parties mutually decide after due consideration as to whether dispute should D be referred to arbitration or not-The clause requires consent of parties before dispute can be referred to arbitration-Jn absence of arbitration agreement, arbitrator could not have been appointed-Section 89, CPC has ~
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