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february 1990

Supreme Court of India · 1990-02-14

SADHU SINGH GHUMAN vs FOOD CORPORATION OF INDIA & ORS.

Citation / case number
SC 1990/77157
Court
Supreme Court of India
Petitioner
SADHU SINGH GHUMAN
Respondent
FOOD CORPORATION OF INDIA & ORS.
Author
K. SHETTY
Bench
K.J. SHETTY

Judgment text excerpt

The Supreme Court interpreted 'a step in the proceeding' under Section 34 of the Arbitration Act, 1940, clarifying that not every action by a defendant in a suit disqualifies them from seeking a stay for arbitration. The Court held that a step must indicate an intention to submit to the court's jurisdiction for adjudication on merits, and since the appellant only sought production of documents without indicating intent to file a written statement, they had not abandoned their right to arbitration. The appeal was allowed, reinstating the stay on the suit proceedings.

SADHU SINGH GHUMAN vs FOOD CORPORATION OF INDIA & ORS. · Niyam