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M. M. SATHAYE
RBL Bank Ltd. – Appellant
Versus
Sohanlal V. Jain (HUF) – Respondent
JUDGMENT :
M.M. SATHAYE, J.
1. Heard learned counsel for the Petitioner. Learned counsel for the Respondents waives service. Taken up for final disposal with consent.
2. This petition under Article 227 of the Constitution of India, takes exception to order dated 29th January 2024 by which Notice of Motion No. 102415 of 2023 filed by the Respondents, seeking reference of the dispute to Arbitrator, under section 8 of The Arbitration and Conciliation Act, 1996 (‘the said Act’ for short) is allowed, in commercial suit filed by Petitioner.
CASE:
3. The Petitioner is plaintiff in Commercial Suit No. 100234 of 2022 filed against the Respondents seeking recovery of the ‘deposit amount’ paid under Leave and License Agreement dated 31.08.2018 (‘the said L&L Agreement’ for short) between the Petitioner as licensee and Respondents as licensor. Respondent No. 1 HUF is the landlord of the subject matter commercial premises at Borivali (W), Mumbai situated on the ground floor along with basement.
4. The suit summons was issued to the Respondents which was duly served, however, Respondents remained absent and pursuant to order dated 07.07.2022, suit proceeded ex-parte. The Trial Court on 31.10.2022, dec
The court established that a party does not forfeit its right to apply for arbitration under Section 8 even after the expiration of the time to file a written statement, provided there are intervenin....
The court held that disputes regarding settled amounts are not arbitrable under the Arbitration and Conciliation Act, 1996, unless specifically covered by the arbitration agreement.
An application under Section 8 of the Arbitration and Conciliation Act must be filed before the first written statement and within the prescribed limitation period; otherwise, it is not maintainable.
A party forfeits the right to apply under Section 8 of the Arbitration and Conciliation Act if it fails to file within the time allowed for submitting a written statement.
The court emphasized strict adherence to procedural requirements for references to arbitration under the Arbitration Act, dismissing applications that do not explicitly comply.
A party's previous unrelated legal action does not waive their right to invoke arbitration if the subsequent application under Section 8 is filed before their first substantive statement in a related....
The court ruled that a vague arbitration clause does not necessitate arbitration, enabling the plaintiff to attach defendants' assets due to the admission of debt and the defendants' failure to compl....
A settlement agreement that explicitly supersedes an original contract and lacks an arbitration clause is not subject to arbitration, reinforcing the principle of separability.
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