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J. B. PARDIWALA, R. MAHADEVAN
K. Mangayarkarasi – Appellant
Versus
N. J. Sundaresan – Respondent
| Table of Content |
|---|
| 1. background of the petition and related parties. (Para 1 , 5 , 6) |
| 2. jurisdiction of commercial court affirmed. (Para 2) |
| 3. court's role in arbitration agreements. (Para 3 , 7) |
| 4. court holds arbitration clause is enforceable. (Para 4 , 18) |
| 5. arbitration applies to contractual disputes. (Para 8 , 9 , 10) |
| 6. court concludes with dismissal of the petition. (Para 19 , 20) |
(J.B. Pardiwala, J.)
2. It appears from the materials on record that the petitioners herein instituted a suit being C.O.S. No. 147 of 2023 in the Commercial Court seeking following reliefs:-
3. The defendants appeared before the Commercial Court and preferred application under Section 8 of the Arbitration and Conciliation (Amendment) Act, 2019 stating as under:-
| LIST OF DOCUMENTS | |
| 1. 20.09.2017 | Deed of Assignment of Trade Marks (Original) |
| 2. 14.10.2019 | Deed of Assignment of Trade Marks (Original)” |
A valid arbitration agreement compels parties to arbitrate disputes arising from it, regardless of allegations of fraud if they pertain to internal matters, reinforcing arbitration's role in resolvin....
Allegations of fraud do not negate arbitration clauses unless proven to affect the validity of the entire agreement, thus allowing disputes to be referred to arbitration.
Decree for permanent injunction - Cancelled Assignment of trademark - Termination of Agreement - Assignment of trademark is by a contract and not by a statutory act. It does not involve any exercise ....
A court can refer disputes to arbitration under Section 8 of the Arbitration Act if a valid arbitration agreement exists, even if issues relate to non-arbitrable rights, provided they stem from contr....
The grounds of fraud and forgery alleged in the plaint do not make out any case which would prevent the matter from being decided by an Arbitral Tribunal. The Trial Court and the Appellate Court acte....
The main legal point established in the judgment is that serious allegations of fraud and the pending criminal case against a party may make it improper to refer disputes to arbitration, leading to t....
Arbitral Tribunal is competent to decide on its own competence – Plea of fraud must be serious in nature in order to oust jurisdiction of Arbitrator.
A party cannot take contradictory stands in the same case and cannot be permitted to approbate and reprobate on the same facts. Both parties must be ad idem for arbitration to proceed.
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