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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