Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Arbitration and Conciliation Act 1996 - s.5 rlw s.8 - Re- spondent filed a civil suit seeking decree towards loss and damage suffered by it on account of alleged breach of contract on the part of the appellant |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Allowed |
Headnote | Arbitration and Conciliation Act, 1996 - s.5 rlw s.8 - Re- spondent filed a civil suit seeking decree towards loss and damage suffered by it on account of alleged breach of contract on the part of the appellant - High Court issued summons - In respoilse, appellant filed application seeking extension of time to file written . statement and invoked arbitration clause by sending a letter to the respondent - Respondent objected to invocation of arbitration on ground of pendency of civil suit in High Court - Thereafter, appellant filed application u/s. 5 rlw s.8 to get dispute referred to arbitral tribunal - High Court rejected the application on th,e_ ground that appellant by filing an application for extension of time to file written statement 'submitted first statement on the substance of the dispute' and waived its right to seek arbitration - On appeal, held: Merely moving an application seeking further time to file written statement without replying to the allegations of the plaint would not amount to making first statement on the substance of the dispute - Also, it does not appear from the language of s.8(1) of the 1996 Act that legislature intended to include a step like filing simple application of seeking extension of time to file written statement as first statement on the substance of the dispute - Therefore, appellant did not waive right to object to the jurisdiction of judicial authority. |
Judge | Hon'ble Mr. Justice Prafulla Chandra Pant |
Neutral Citation | 2016 INSC 1133 |
Petitioner | Greaves Cotton Limited |
Respondent | United Machinery And Appliances. |
SCR | [2016] 12 S.C.R. 193 |
Judgement Date | 2016-12-14 |
Case Number | 12066 |
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