Supreme Court · 2007 INSC 69 · Decided 23 January 2007

M/S.AGRI Gold Exims LTD. v. M/S. Sri Lakshmi Knits & Wovens and ORS.

Court
Supreme Court of India
Citation
2007 INSC 69 · [2007] 1 S.C.R. 1161
Case number
CIVIL APPEAL No. 326/2007
Decided
23 January 2007
Bench
S.B. SINHA, MARKANDEY KATJU (2-judge bench)
Outcome
Dismissed
Case type
Civil
Acts & sections cited
Arbitration Act Section 8, 34

Headnote

Arbitration and Conciliation Act, 1996-S.8-Held, is pre-emptory in nature-Where arbitration agreement exists, Court under obligation to refer parties to arbitration in terms of arbitration agreement-Jn such case A B civil suit would not be maintainable-Arbitration Act, 1940-Section 34. C The (MOU) which contained an arbitration clause. Respondents issued five post-dated cheques in relation to the amount due to Appellant. However two cheques were dishonoured, pursuant to which Respondents made certain payments vide demand draft. Before receipt of the said payments, Appellant

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