Back
KAUSHIK GOSWAMI
Kailash Prasad Jain S/o Late Madanlal Jain – Appellant
Versus
Lalbiakzama S/o L. T. Zauva – Respondent
ORDER :
1. Heard Mr. Lalchhanliana Khiangte, learned counsel appearing for the petitioner/ defendant. Also heard Mr. B. Lalramenga, learned counsel appearing for the sole respondent/plaintiff.
2. This Civil Revision Petition has been filed under Section 115 of the Code of Civil Procedure, 1908 read with Article 227 of the Constitution of India assailing the Order dated 21.04.2023 passed by the Court of learned Senior Civil Judge-IV, Aizawl Judicial District, Aizawl in Civil Suit No. 7/2022, whereby the Trial Court was pleased to maintain the Civil Suit with a direction to the petitioner/defendant to file written statement.
3. The facts of the case is as follows:
Parties must comply with arbitration agreements before pursuing civil litigation, as per the Arbitration and Conciliation Act, 1996.
The court emphasized strict adherence to procedural requirements for references to arbitration under the Arbitration Act, dismissing applications that do not explicitly comply.
Participation in a civil suit does not necessarily amount to abandonment of the right to seek resolution of disputes through arbitration. The amenability of relief sought in a civil suit to arbitrati....
The court ruled that disputes involving non-signatory parties to an arbitration agreement cannot be referred to arbitration, maintaining the requirement for a judicial forum when serious allegations ....
No arbitration clause relating to dispute between the parties in not appointing appellant as stockist and claim of compensation towards loss of goodwill and reputation. High Court erred in proceeding....
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.
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
