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IN THE HIGH COURT AT CALCUTTA
Sabyasachi Bhattacharyya, Uday Kumar
Murshidabad Zilla Parishad – Appellant
Versus
Asian Health Care Development Private Limited – Respondent
Headnote: Read headnote
JUDGMENT :
Sabyasachi Bhattacharyya , J .
1. The present two appeals have been preferred against the same order. In FMAT 167 of 2025, the grant of injunction in favour of the plaintiff/respondent no. 1 has been assailed whereas in FMA 816 of 2025, the rejection of an application under Section 8 of the Arbitration and Conciliation Act, 1996 filed by the defendant no. 1/appellant has been challenged under Section 37 of the 1996 Act.
2. The main premise on which the application under Section 8 was refused by the learned Trial Judge was that the defendant no. 2 was a non-signatory to the arbitration agreement and as such, the parameters of Section 8 are not satisfied.
3. Before the Trial Court, the plaintiff/respondent no. 1 also took an objection to the effect that the original lease agree
Disputes arising from a lease agreement containing an arbitration clause can be referred to arbitration even when a non-signatory is involved, provided the claims are within the scope of the arbitrat....
If there are more than one agreements and all are integrally interconnected, and the main agreement contains arbitration clause, to fulfill one single commercial project, all the agreements and parti....
The court emphasized strict adherence to procedural requirements for references to arbitration under the Arbitration Act, dismissing applications that do not explicitly comply.
Section 8 of the Arbitration and Conciliation Act, 1996 has a mandatory effect, and once the conditions are fulfilled, the court is obligated to refer the parties to arbitration.
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 main legal point established in the judgment is the mandatory requirement for the civil court to refer the parties to arbitration upon satisfaction of the prerequisites under Section 8 of the Arb....
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