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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) |
ORDER :
(J.B. Pardiwala, J.)
1. This petition arises from the judgment and order passed by the High Court of Judicature at Madras dated 09.01.2025 in C.R.P. No. 1272 of 2024 by which the Civil Revision Petition filed by the petitioners herein (original plaintiffs) came to be rejected thereby affirming the order passed by the Commercial Court (District Judge Cadre), Coimbatore allowing application filed by the respondents herein (original defendants) under Section 8 of the Arbitration and Conciliation Act, 1996 (for short, ‘the Act of 1996’) and referring the parties to arbitration.
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 Com
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.
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