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april 1960

Supreme Court of India · 1960-04-27

THE PRINTERS (MYSORE) PRIVATE LTD. vs POTHAN JOSEPH.

Citation / case number
SC 1960/7
Court
Supreme Court of India
Petitioner
THE PRINTERS (MYSORE) PRIVATE LTD.
Respondent
POTHAN JOSEPH.
Bench
GAJENDRAGADKAR, P.B.

Judgment text excerpt

The Supreme Court held that under Section 34 of the Arbitration Act, 1940, the power to stay legal proceedings is discretionary and cannot be claimed as a matter of right. The Court affirmed the lower courts' refusal to stay the suit, emphasizing that the discretion must be exercised judiciously based on the facts of each case. The Court clarified that it would not interfere with the concurrent exercise of discretion unless it was shown that the lower courts acted unreasonably or capriciously, thereby upholding the principle of judicial discretion in arbitration matters.

THE PRINTERS (MYSORE) PRIVATE LTD. vs POTHAN JOSEPH. · Niyam