Supreme Court of India · 2005-03-29
Shree Subhlaxmi Fabrics Pvt. Ltd vs Chand Mal Baradia And Others
- Citation / case number
- AIR 2005 SUPREME COURT 2161
- Court
- Supreme Court of India
- Petitioner
- Shree Subhlaxmi Fabrics Pvt. Ltd
- Respondent
- Chand Mal Baradia And Others
- Author
- G.P. Mathur
- Bench
- D.M. Dharmadhikari, G.P. Mathur
Judgment text excerpt
The Supreme Court upheld the Calcutta High Court's order allowing the application under Order 39 Rule 1 and 2 and Section 151 CPC, restraining Shree Subhlaxmi Fabrics Pvt. Ltd. from proceeding with arbitration cases A/186 and A/187. The Court found that there was no arbitration agreement between the parties, and the plaintiff had not consented to the arbitration process initiated by the defendant. The Court emphasized the necessity of a valid arbitration agreement for arbitration proceedings to be valid under Section 7 of the Arbitration and Conciliation Act, 1996.