Supreme Court · 2005 INSC 133 · Decided 11 March 2005
Shanmughasundaram and ORS. v. Diravia Nadar (D) BY LRS. and ANR.
- Court
- Supreme Court of India
- Citation
- 2005 INSC 133 · [2005] 2 S.C.R. 649
- Case number
- CIVIL APPEAL No. 3117/1999
- Decided
- 11 March 2005
- Bench
- D.M. DHARMADHIKARI, G.P. MATHUR (2-judge bench)
- Outcome
- Dismissed
- Case type
- Civil
- Acts & sections cited
- Arbitration Act Section 30(c); Specific Relief Act Section 12; Hindu Succession Act; Succession Act
Headnote
B Arbitration Act, 1940-Section 30(c): Award found unenforceable and invalid on the date it is sought to be made a Rule of Court-Held: Cannot be upheld on possibilities and C eventualities which might occur in future. Order of Civil Court setting aside arbitral award inter alia on ground of Judgment of High Court operated as res judicata between the D parties-Civil Court on a subsequent application could not have allowed revival of arbitration proceedings on the same arbitration agreement-Res judicata. Specific Relief Act, I 963-Section I 2-Specific performance of part of
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