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september 1961

Supreme Court of India · 1961-09-20

ABDUL KADIR SHAMSUDDIN BUBERE vs MADHAV PRABHAKAR OAK

Citation / case number
SC 1958/163
Court
Supreme Court of India
Petitioner
ABDUL KADIR SHAMSUDDIN BUBERE
Respondent
MADHAV PRABHAKAR OAK
Author
K.N. WANCHOO
Bench
K.N. WANCHOO

Judgment text excerpt

The Supreme Court held that under Section 20 of the Arbitration Act, 1940, a dispute can be referred to arbitration even if a third party with an interest is not included, provided their share is not in dispute. The Court clarified that serious allegations of fraud must be substantial to prevent arbitration; mere allegations of dishonesty in accounts do not suffice. The Court upheld the arbitration agreement, allowing the arbitrator to decide the matter between the parties present, thus affirming the validity of the arbitration clause.

ABDUL KADIR SHAMSUDDIN BUBERE vs MADHAV PRABHAKAR OAK · Niyam