SUPREME COURT
M. Y. Eqbal, *Kurian Joseph, JJ.
Sundaram Finance Limited (M/s.) and Another v. T. Thankam
| Table of Content |
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| 1. clarification on jurisdiction and public policy implications in arbitration agreements. (Para 3 , 8 , 14) |
| 2. civil court must refer disputes to arbitration if conditions under s.8 are met. (Para 4 , 5 , 10) |
| 3. mandatory nature of s.8 referred and explained with precedents. (Para 11 , 12 , 13) |
1. Leave granted.
2. Once an application is duly filed in terms of S.8 of The Arbitration and Conciliation Act, 1996 (hereinafter referred to as 'Arbitration Act') before the civil court, what should be the approach of the court, is the short question arising for consideration in this case.
3. In a suit for injunction filed by the respondent, the prayer made was to restrain the first and second defendant institutions and their men from illegally taking away from the possession of plaintiff or her employee, or interfering with the use and enjoyment of ambassador or causing damage to the car bearing registration number KL - 11 - AA - 1473 in the ownership and possession of the plaintiff by way of a decree of injunction. The car was purchased on loan granted by the appellant.
4. Duly complying with the procedure under S.8 of the Arbitration Act, the appellant filed an application b
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