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october 1971

Supreme Court of India · 1971-10-15

NARAINDAS vs VALLABHDAS & ORS.

Citation / case number
SC 1967/391
Court
Supreme Court of India
Petitioner
NARAINDAS
Respondent
VALLABHDAS & ORS.
Bench
KHANNA, HANS RAJ

Judgment text excerpt

The Supreme Court held that the rights of D were not affected by the arbitration award dated October 20, 1956, as she did not object to the proceedings. The Court clarified that under Section 47 of the Arbitration Act, 1940, an arbitration award can be enforced as a compromise if all parties consent, but consent is not required at the award stage if no suit is pending. The Court further established that prior litigation does not bar fresh disputes from being referred to arbitration, thus upholding the validity of the award.

NARAINDAS vs VALLABHDAS & ORS. · Niyam