Supreme Court · 1988 INSC 105 · Decided 13 April 1988
R.N. Kumar v. R.K. Soral
- Court
- Supreme Court of India
- Citation
- 1988 INSC 105 · [1988] 3 S.C.R. 527
- Case number
- SPECIAL LEAVE PETITION (CIVIL) No. 4221/1988
- Decided
- 13 April 1988
- Bench
- SABYASACHI MUKHERJI, S. RANGANATHAN (2-judge bench)
- Outcome
- Dismissed
- Case type
- Civil
- Acts & sections cited
- Constitution Article 136; Contract Act; Arbitration Act Section 20
Headnote
KUMAR A v. R.K. SORAL APRIL 13, 1988 [SABYASACHI MUKHARJI ANDS. RANGANATHAN, JJ.J B Arbitration Act, i940. Section 20---Arbitration agreement-Duty bf Court to direct filing of-Whether obligatory. Indian Contract Act, 1872. Section JO-Contract-Whether there is complete novation of a contract in the petitioner as the distributor and the respondent as the producer. The agreement con­ tained an arbitration clause. A sum of Rs.3.40 lakhs paid to the respon­ dent and acknowledged by him earlier to the agreement was deemed to have been adjusted against the first instalment. In or
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