Supreme Court · 2005 INSC 161 · Decided 29 March 2005
Shree Subhlaxmi Fabrics PVT. LTD. v. Chand Mal Baradia and ORS.
- Court
- Supreme Court of India
- Citation
- 2005 INSC 161 · [2005] 2 S.C.R. 1138
- Case number
- CIVIL APPEAL No. 7653/2004
- Decided
- 29 March 2005
- Bench
- D.M. DHARMADHIKARI, G.P. MATHUR (2-judge bench)
- Outcome
- Appeal(s) allowed
- Case type
- Civil
- Acts & sections cited
- CPC Section 1, 2, 151; Arbitration Act Section 16; Companies Act
Headnote
Arbitration and Conciliation Act, 1996-Section 16--0bjection regarding non-existence of arbitration agreement-Jurisdiction of civil court to entertain- C On facts, Plaintiff seeking injunction against arbitration proceedings on the ground that there was no arbitration agreement-Trial court case-On appeal, Held: Contentious issues are not to be gone into or decided at the stage of appointment of an arbitrator-Aggrieved party can raise all the objections including objection regarding non-existence of an arbitration clause D before the arbitral tribunal-Thus, High Court erred in
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