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Right to settle dispute in arbitration proceedings once waived cannot be reclaimed
Case Law Details
- Case Name
- Y Harish Vs Y Satish (Karnataka High Court)
- Appeal Number
- Only available for paid members
- Date of Judgement/Order
- Only available for paid members
- Courts
- All High Courts, Karnataka High Court
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Y Harish Vs Y Satish (Karnataka High Court)
Held that as per the reply notice, the petitioner has waived the right to settle the dispute in an arbitration proceedings. Accordingly, if the right is once waived it cannot be allowed to be reclaimed.
Facts-
The respondent No.1/plaintiff instituted a suit before the Commercial Court seeking a direction to the present petitioner No.1 to pay a sum of Rs.7,34,12,647/-. The present petitioners, on receipt of summons, have contested the proceedings and have filed the instant application under Order 7 Rule 11(d) read with Section 151 of CPC seeking rejec...
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