Supreme Court · 2016 INSC 608 · Decided 17 August 2016
Shri Vimal Kishor Shah & ORS. v. MR. Jayesh Dinesh Shah & ORS.
- Court
- Supreme Court of India
- Citation
- 2016 INSC 608 · [2016] 7 S.C.R. 102
- Case number
- CIVIL APPEAL No. 8164/2016
- Decided
- 17 August 2016
- Bench
- JASTI CHELAMESWAR, ABHAY MANOHAR SAPRE (2-judge bench)
- Outcome
- Appeal(s) allowed
- Case type
- Civil
- Acts & sections cited
- Arbitration Act Section 2(b), 2(h), 7, 11
Headnote
F G H [2016] 7 S.C.R. 102 SHRI VIMAL KISHOR SHAH & ORS. v. MR. JAYESH DINESH SHAH & ORS. (Civil Appeal No. 8164 of2016) AUGUST 17, 2016 [J. CHELAMESWAR AND ABHAY MANOHAR SAPRE, JJ.) Arbitration and Conciliation Act, 1996 - ss.2(b), 2(h), 7 and 11 - Application u/s. 11 for appointment of is maintainable only when there is valid, binding and enforceable 'arbitration agreement' within meaning of s. 7 of the Act - The Trust Deed including the arbitration clause does not satisfj; the requirements u/ss. 2(b), 2{h) rlw. s. 7 and hence cannot be construed as an 'arbitration agreement'
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