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december 1962

Supreme Court of India · 1962-12-12

MICHAEL GOLODETZ AND OTHERS vs SERAJUDDIN & COMPANY

Citation / case number
SC 1960/234
Court
Supreme Court of India
Petitioner
MICHAEL GOLODETZ AND OTHERS
Respondent
SERAJUDDIN & COMPANY
Bench
SHAH, J.C.

Judgment text excerpt

The Supreme Court held that under Section 34 of the Arbitration Act, 1940, a court may refuse to grant a stay of proceedings if sufficient reasons are shown for doing so. In this case, the court found that the High Court properly exercised its discretion in denying the stay, as the evidence was in India and restrictions on foreign exchange made it impossible for the respondents to present their case in New York. The court emphasized that the arbitration clause is integral to the contract but does not preclude the court from entertaining a suit under certain circumstances, leading to the dismissal of the appeal.

MICHAEL GOLODETZ AND OTHERS vs SERAJUDDIN & COMPANY · Niyam