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BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
G.ILANGOVAN
Manager, M/s. Shriram Transport Finance Corporation Ltd., – Appellant
Versus
J.S.Satheesh Mumar – Respondent
| Table of Content |
|---|
| 1. judgment outcome and order. (Para 1 , 3 , 18 , 19) |
| 2. overview of facts around the arbitration. (Para 2 , 4) |
| 3. arguments regarding arbitration invocation. (Para 5 , 7 , 9 , 10) |
| 4. explanation of legal provisions on arbitration. (Para 6 , 13 , 15) |
| 5. court's analysis on arbitration agreement. (Para 8 , 11 , 12 , 14 , 16 , 17) |
ORDER :
G. ILANGOVAN, J.
1. This revision is filed seeking to set aside the fair and decreetal orders passed in IA No.1 of 2023 in OS No.15 of 2022 by the District Munsif Court, Madurai Taluk, Madurai District, dated 17/07/2023.
2. The facts in brief:-
The plaintiff filed a suit in OS No.12 of 2022 seeking the relief of permanent injunction restraining the petitioner and his men not to dispossess him in respect of the vehicle bearing registration Nos.TN-64-B-4051 and TN-45-AS-0753, otherwise than under due process of law. Pending further process before filing the written statement, the petitioner filed a petition under section 7 of the Arbitration and Conciliation Act to refer the issue to the arbitration. That was dismissed by the trial court.
3. Against which, this civil revision petition is preferred.
4. The brief averments stated in the plaint are
Disputes over loan repayments are subject to arbitration under the agreement, and mere participation in court does not waive the right to invoke arbitration if a formal written statement hasn't been ....
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....
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....
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 court emphasized strict adherence to procedural requirements for references to arbitration under the Arbitration Act, dismissing applications that do not explicitly comply.
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....
Point of law: Arbitration - where a party to arbitration agreement waives his right availing u/s.8 of Act, it is not permissible to the person claiming under such party to take a stand in variance ....
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