Supreme Court · 2000 INSC 164 · Decided 28 March 2000
P. Anand Gajapathi Raju and ORS. v. P.V.G. Raju (Died) and ORS.
- Court
- Supreme Court of India
- Citation
- 2000 INSC 164 · [2000] 2 S.C.R. 684
- Case number
- CIVIL APPEAL No. 5251/1993
- Decided
- 28 March 2000
- Bench
- D.P. WADHWA, RUMA PAL (2-judge bench)
- Outcome
- Disposed off
- Case type
- Civil
- Acts & sections cited
- Arbitration Act Section 2, 7
Headnote
Arbitration and Conciliation Act, 1996 : Sections 2( e }, 5, 7, 8 and 42. Section 8-Scope and interpretation of-Power of Supreme Court to refer matter to an arbitrator during pendency of appeal-Necessary conditions forapplic~bility of section 8-Exprr!ssion 'which is the subject of an arbitration must be already in existence-Expression also connotes an arbitration agreement being brought into existence while action is pending before cow1-Woni 'is' nonnally refers to present-It often has a future meaning-But it is not synonymous with "shall have been"-Held language of
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