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Non-filing of Section 8 application under Arbitration Act not amounts to surrendered to jurisdiction of court by petitioner
Case Law Details
- Case Name
- Anita Mehta Vs Gulkand Hues Private Ltd. (Jammu and Kashmir High Court)
- Appeal Number
- Only available for paid members
- Date of Judgement/Order
- Only available for paid members
- Courts
- All High Courts, Jammu & Kashmir HC
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Anita Mehta Vs Gulkand Hues Private Ltd. & another (Jammu and Kashmir High Court)
HC held that non filing of an application under Section 8 of Arbitration and Conciliation Act, 1996 in the case at hand would not mean that the petitioner had surrendered to the jurisdiction of the court and has left her right to get the disputes resolved through arbitration so as to debar the petitioner for seeking appointment of an arbitrator through the intervention of the Court.
In Rashtriya Ispat Nigam Limited & anr. v. M/s Verma Transport Company : (2006) 7 SCC 275, the Supreme Court held that the e...
