SUPREME COURT
, J
Sundaram Finance Limited (M/s.) and Another v. T. Thankam
| Table of Content |
|---|
| 1. dispute concerning possession and injunction related to asset. (Para 2 , 3 , 4) |
| 2. jurisdiction of civil court regarding arbitration agreements. (Para 5 , 10 , 11 , 12) |
| 3. court's obligation to refer cases to arbitration. (Para 14 , 15 , 16) |
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 bringing to the notice of the trial court that in vie
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