Back
AUGUSTINE GEORGE MASIH, SANDEEP MOUDGIL
Soben Contract And Commercial Ltd. – Appellant
Versus
Qonquests Technical Solutions Pvt. Ltd. Qonquests Technical Solutions Pvt. Ltd. – Respondent
JUDGMENT
Augustine George Masih, J. - CM-5-FACOM-2021
1. Prayer in this application is for exemption from filing certified and typed copies of judgment dated 04.07.2013 passed by the Additional District Judge, Gurugram along with Annexures A-1 to A-3.
2. For the reasons stated in the application, exemption is granted from filing certified and typed copies of judgment dated 04.07.2013 passed by the Additional District Judge, Gurugram along with Annexures A-1 to A-3, subject to all just exception.
3. Application stands disposed of.
FAO-COM-3-2021
1. In this appeal, challenge is to the order dated 24.02.2021 passed by the Additional District Judge-cum-Presiding Judge, Exclusive Commercial Court at Gurugram, vide which the application filed by the appellant - defendant No.1 under Order VII Rule 11 (d) of the Code of Civil Procedure read with Section 8 of the Arbitration & conciliation Act, 1996 (hereinafter referred to as 'Arbitration Act'), for rejection of the plaint in terms of Clause 16 in the Consulting Agreement, which provides for referring the matter for arbitration under the provisions of Section 8 of the Arbitration Act and return the plaint as filed by respondent No.1 - plaintiff
The arbitration clause in the Consulting Agreements was not applicable to the claims based on the Memorandum of Understanding.
Civil courts must maintain jurisdiction in disputes involving arbitration agreements unless explicitly ousted by applicable law.
The central legal point established is that the existence of an arbitration agreement requires a document executed by both parties showing consensus ad-idem, incorporating such a clause.
An arbitration agreement can be inferred from the parties' conduct and correspondence, establishing binding intent despite the absence of a signed contract.
The court ruled that a vague arbitration clause does not necessitate arbitration, enabling the plaintiff to attach defendants' assets due to the admission of debt and the defendants' failure to compl....
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
