Supreme Court · 2018 INSC 446 · Decided 2 May 2018
Purushottam S/O Tulsiram Badwaik v. Anil & ORS.
- Court
- Supreme Court of India
- Citation
- 2018 INSC 446 · [2018] 4 S.C.R. 347
- Case number
- CIVIL APPEAL No. 4664/2018
- Decided
- 2 May 2018
- Bench
- ARUN MISHRA, UDAY UMESH LALIT (2-judge bench)
- Outcome
- Appeal(s) allowed
- Case type
- Civil
- Acts & sections cited
- Arbitration Act Section 85(2)(a), 7
Headnote
Arbitration and Conciliation Act, 1996 - s.85(2)(a) - Partnership Agreement dtd. 9.11.2005 between the appellant and respondents - Though, the said agreement was entered into after the 1996 Act had come into force, the relevant clause stated arbitration to be in accordance with suit inter alia for injunction against the appellant - Appellant filed application u/s.8 of the 1996 Act to refer the dispute to arbitration - Trial Court as also High Court rejected the application - Issue as to applicability of the 1996 Act vis-a-vis 1940 Act - On
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