Supreme Court · 2005 INSC 360 · Decided 12 August 2005

Shin-Etsu Chemical CO. LTD. v. Aksh Optifibre LTD. and ANR.

Court
Supreme Court of India
Citation
2005 INSC 360 · [2005] SUPP. 2 S.C.R. 699
Case number
CIVIL APPEAL No. 5048/2005
Decided
12 August 2005
Bench
Y.K. SABHARWAL, D.M. DHARMADHIKARI, B.N. SRIKRISHNA (3-judge bench)
Outcome
Disposed off
Case type
Civil
Acts & sections cited
Constitution Article 227; Arbitration Act Section 8, 44, 45, 50, 34, 48

Headnote

Arbitration and Conciliation Act, 1996-Sections 8, 44, 45 and 50- Respondent filing a suit before trial court for declaration and injunction for cancellation of arbitration agree1nent being void ab intio, inoperative and incapable of performance-Appellant filing an application under section 8 of proceedings under the agreement-Trial Court allowing the application of A B c the appellant-High Court remanding back to trial court for fresh adju­ dication under section 45 of the Act-Scope of power of Judicial authority D in deciding the validity of the arbitration agreement at

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