Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | 1996: s.8(2) - Interpretation of - Application for reference of parties to arbitration not to be entertained unless accompanied by original arbitration agreement or a duly certified copy thereof - When not applicable Arbitration and Conciliation Act |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Dismissed |
Headnote | Arbitration and Conciliation Act, 1996: s.8(2) - Interpretation of - Application for reference of parties to arbitration not to be entertained unless accompanied by original arbitration agreement or a duly certified copy thereof - When not applicable - Held: s.8(2) has to be interpreted to mean that the Court shall not consider any application for reference of parties to arbitration, unless accompanied by original arbitration agreement or duly certified copy thereof - However, filing the application without such original or certified copy. but bringing original arbitration agreement on record at the time when the Court is considering the application shall not entail rejection of the application uls. 8(2) - On facts, the original Deeds of Partnership and Retirement from Partnership, containing arbitration clause, were filed by respondents-defendants, three days after filing the application seeking reference to arbitration - It was only after filing of original deeds that the Court proceeded to decide the application - Further; the deeds were also relied 011 by the appellants- plaintiffs themselves - Thus, appellants' plea that application of respondents was liable to be rejected u/s;8, dismissed. Disputes relating to benefits arising out of Deeds of Partnership and Retirement from Partnership - Deeds containing arbitration clause/agreement - Reference to arbitration - Permissibility - Plea of Plaintiffs that dispute in question cannot be referred to arbitration since one of the defendants was not a party to the arbitration agreement - Held: Not acceptable, since the defendant was impleaded by the plaintiffs themselves - Party - Partnership. Disputes concerning unregistered partnership deed, 62 if can be referred to arbitration - Effect of such non-registration, 'if any - A Held: On facts, both the Deeds of Partnership and Retirement from Partnership contained an arbitration clause - Thus, when the partners and those claiming through them agreed to get the dispute settled by arbitration, it is not open for the appellants to contend that partnership being unregistered partnership, the dispute cannot B be referred to arbitration - Registration Act, 1908 - Partnership. Words and phrases - 'entertained' - Meaning of, in context to s.8(2), Arbitration and Conciliation Act, 1996 - Explained. |
Judge | Hon'ble Mr. Justice Ashok Bhushan |
Neutral Citation | 2016 INSC 1026 |
Petitioner | Ananthesh Bhakta Represented By Mother Usha A.bhakta & Ors. |
Respondent | Nayana S. Bhakta & Ors. |
SCR | [2016] 12 S.C.R. 62 |
Judgement Date | 2016-11-15 |
Case Number | 10837 |
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