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IN THE HIGH COURT AT CALCUTTA
ANIRUDDHA ROY, J, ANIRUDDHA ROY
Jagannath Heights Pvt Ltd . – Appellant
Versus
Sammaan Capital Limited (Indiabulls Housing Finance Ltd.) – Respondent
| Table of Content |
|---|
| 1. existence of arbitration clause acknowledged. (Para 5) |
| 2. applications must state requests clearly. (Para 8) |
| 3. criteria must be met for arbitration referrals. (Para 15 , 16) |
| 4. dismissal requests don't equate to arbitration referrals. (Para 18) |
| 5. strict interpretation of statutes required. (Para 24 , 26) |
JUDGMENT :
Aniruddha Roy, J.
1. The defendant is the applicant herein.
2. Through the Master’s Summons taken out by the defendant, the defendant has prayed for following reliefs:
(a) The present suit, being C.S. (COM) 801 of 2024 [Jagannath Heights Pvt. Ltd V. M/S. Samman Capital Limited (Formerly Known As Indiabulls Housing Finance Limited)] be dismissed in limine;
(b) Plaint in C.S. (COM) 801 of 2024 [Jagannath Heights Pvt. Ltd V. M/S. Samman Capital Limited (Formerly Known As Indiabulls Housing Finance Limited)] be rejected and/or returned;
(c) The present suit, being C.S. (COM) 801 of 2024[Jagannath Heights Pvt. Ltd V. M/S. Samman Capital Limited (Formerly Known As Indiabulls Housing Finance Limited)], be stayed;
(d) Interim and ad interim order(s) in terms of prayers above;
(e) Such further or other Order or Orders be passed and/or direction or directions be given as t
The court emphasized strict adherence to procedural requirements for references to arbitration under the Arbitration Act, dismissing applications that do not explicitly comply.
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.
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....
A settlement agreement that explicitly supersedes an original contract and lacks an arbitration clause is not subject to arbitration, reinforcing the principle of separability.
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.
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