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PAMIDIGHANTAM SRI NARASIMHA, SANDEEP MEHTA
AC Chokshi Share Broker Private Limited – Appellant
Versus
Jatin Pratap Desai – Respondent
| Table of Content |
|---|
| 1. arbitration initiated (Para 4 , 5 , 6 , 7 , 8 , 9 , 10 , 11 , 12 , 13 , 14 , 15 , 16 , 17 , 18 , 19 , 20 , 21 , 22 , 23 , 24 , 25 , 26 , 27 , 28 , 29 , 30 , 31 , 32) |
| 2. arbitral award upheld (Para 33 , 34 , 35) |
JUDGMENT :
PAMIDIGHANTAM SRI NARASIMHA, J.
1. Leave granted.
2. The issue arising in the present appeal is whether respondent no. 1, who is the husband of respondent no. 2, could have been made a party to the arbitration that was invoked by the appellant, who is a registered stock broker, and held to be jointly and severally liable for the debit balance that had accrued in the wife’s (respondent no. 2’s) account with the appellant. The arbitral tribunal found that both respondents were jointly and severally liable for repaying the debit balance in respondent no. 2’s account, and the respondents’ applications under Section 34 of the Arbitration and Conciliation Act, 19961[Hereinafter “the Act”.] to set aside the arbitral award were dismissed by the learned single judge of the High Court. However, the division bench of the High Court allowed the Section 37 appeal preferred by respondent no. 1 by order dated 29.04.2021 and set aside the arbitral award only against
The court affirmed the arbitral tribunal's jurisdiction over a husband based on an oral agreement of joint liability for transactions in his wife's account, rejecting claims of lack of jurisdiction a....
An arbitral tribunal lacks inherent jurisdiction to adjudicate a claim against a third party arising out of a private transaction not governed by an arbitration clause.
Arbitration and Conciliation –Rule 13(V) which provides that the member shall be responsible in all acts, omission and commission for the authorized person would apply only if such authorized person ....
The main legal point established in the judgment is that the choice of the juridical seat of arbitration by the parties determines the exclusive jurisdiction of the supervisory court, as per the prin....
A party must raise jurisdictional objections in arbitration proceedings; failure to do so waives the right to challenge the award under Section 34 of the Arbitration Act.
Scope of an arbitration agreement is limited to the parties who entered into it and those claiming under or through them, Courts under English Law have, in certain cases, also applied the 'Group of C....
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