IN THE HIGH COURT OF JUDICATURE AT BOMBAY
Abhay Ahuja
In the matter between M/s. Surya Pharmaceuticals Ltd Through Harvinder Kaur Jatana, Liquidator – Appellant
Versus
State Bank of India – Respondent
ORDER. :
1. When the matter is called out, Mr. Utangale, learned Counsel appears for Applicant and submits that the objections have been removed and it has already been approved but registered number is yet to be obtained.
2. Registry to expeditiously award the registered number.
3. This Interim Application filed by the Defendant-State Bank of India is seeking to relegate the parties to the arbitration under the Arbitration and Conciliation Act, 1996 (the “said Act”).
4. Mr. Utangale, learned Counsel appears for the Applicant and draws this Court’s attention to page 43 of the Interim Application and in particular to sub-clause (m)(b)(i) of the Agreement between the parties which pertains to dispute resolution and submits that the said clause clearly provides that any claim, difference, dispute or controversy arising between the parties shall be referred to and settled by an Arbitrator and that therefore, under the provisions of Section 8 of the said Act, this Court refer the matter to the Arbitration.
5. On the other hand, Ms. Shah, learned Counsel appears for the Plaintiff and submits that the said Application is time barred and draws this Court’s attention to Section 8(1) of the said
The limitation for filing an application under Section 8 of the Arbitration and Conciliation Act aligns with the time for submitting the written statement, and failure to comply results in a waiver o....
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.
An application under section 8(1) of the Arbitration and Conciliation Act must precede the submission of the first statement on the substance of the dispute, and failure to comply with statutory requ....
The court established that a formal application under section 8(1) of the Arbitration and Conciliation Act is mandatory for referring parties to arbitration, and failure to comply with this requireme....
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 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....
Section 8 of the Arbitration and Conciliation Act mandates that an application for arbitration must be made before the first written statement; dismissal of the suit under this section is not permiss....
Rejection of plaint – When a statute prescribes to do certain thing in a certain manner, the thing has to be done in same manner or not at all – All other modes are expressly forbidden.
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 raising an arbitration clause in a written statement mandates referral to arbitration, and the trial court erred in appointing a nominated arbitrator from the respondents.
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