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ANIRUDDHA ROY
Jagannath Heights Pvt. Ltd. – Appellant
Versus
Sammaan Capital Limited (Indiabulls Housing Finance Ltd. ) – Respondent
JUDGMENT [IN COURT]
Aniruddha Roy, J.—
Facts:
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 this Hon’ble Court may deem fit and proper.
3. In support of the Master’s Summons, the defendant has filed its affidavit, to which the plaintiff has filed its affidavit in opposition and the defendant again filed its affidavit in reply.
4. Both the plaintiff and the defendant admit the e
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 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.
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....
The main legal principle established in the judgment is the legislative intent to promote arbitration, the limited power of prima facie review at the reference stage, and the rejection of the Law Com....
The court held that disputes regarding settled amounts are not arbitrable under the Arbitration and Conciliation Act, 1996, unless specifically covered by the arbitration agreement.
Disputes arising from a lease agreement containing an arbitration clause can be referred to arbitration even when a non-signatory is involved, provided the claims are within the scope of the arbitrat....
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