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april 1988

Supreme Court of India · 1988-04-13

VAIDYA HARISHANKAR LAXMIRAM RAJYAGURU OF RAJKOT vs PRATAPRAY HARISHANKAR RAJYAGURU OF RAJKOT

Citation / case number
SC 1988/70769
Court
Supreme Court of India
Petitioner
VAIDYA HARISHANKAR LAXMIRAM RAJYAGURU OF RAJKOT
Respondent
PRATAPRAY HARISHANKAR RAJYAGURU OF RAJKOT
Author
SABYASACHI MUKHARJI
Bench
SABYASACHI MUKHARJI

Judgment text excerpt

The Supreme Court dismissed the Special Leave Petition challenging the award under Section 17 of the Arbitration Act, 1940, affirming that a valid arbitration agreement existed as per Section 2(a) of the Act, evidenced by the parties' conduct and written endorsements. The Court held that the Civil Court had jurisdiction to recognize the award under Sections 14 and 17 of the Arbitration Act, as there was no express or implied bar to its cognizance. The High Court's dismissal of the petitioner's application was upheld, confirming the finality of the trial court's decree.

VAIDYA HARISHANKAR LAXMIRAM RAJYAGURU OF RAJKOT vs PRATAPRAY HARISHANKAR RAJYAGURU OF RAJKOT · Niyam