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2014 Supreme(Mad) 2968

S.VIMALA
M. Vijaya – Appellant
Versus
Dinesh Kumar – Respondent


Advocates Appeared:
For the Petitioner:Ashok Menon, Advocate.
For the Respondents:K. Moorthy, Advocate.

Judgment

Even where the parties might have agreed upon arbitration as the forum for settlement of their disputes, by the very nature of the dispute where the cause or dispute is claimed to be inarbitrable, whether the Court is bound to refer / refuse to refer, the matter to arbitration?

1.1. When the concept of separability of the arbitration agreement from the underlying contract has been statutorily recognised under Section 16 of The Arbitration Act, 1996,whether the reference to arbitration can be claimed to be invalid, when the validity and the enforceability of under relying contract alone is challenged?

1.2. Where the dispute raised (suit for injunction), is covered by the Specific Relief Act, which did not contain any exclusionary clause for the arbitral jurisdiction, whether the reference to arbitration can be claimed to be invalid?

2. The plaintiff is the Revision Petitioner.

These are the issues raised in this revision petition

2.1. The plaintiff filed the suit in O.S.No.3366 of 2010 against respondents 1 to 3 / defendants 1 to 3 and one Srinivasalu, seeking the relief of injunction restraining the defendants from interfering with the peaceful possession and enjoyment of t



















































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