Supreme Court of India · 2005-03-29
SUBHLAXMI FABRICS PVT. LTD. vs CHAND MAL MARADIA .
- Citation / case number
- SC 2002/18827
- Court
- Supreme Court of India
- Petitioner
- SUBHLAXMI FABRICS PVT. LTD.
- Respondent
- CHAND MAL MARADIA .
- Author
- G.P. MATHUR
- Bench
- G.P. MATHUR D.M. DHARMADHIKARI
Judgment text excerpt
The Supreme Court upheld the Calcutta High Court's order allowing the first respondent's application under Order 39 Rule 1 and 2 and Section 151 CPC, which restrained the appellant from proceeding with arbitration cases due to the absence of an arbitration agreement between the parties. The Court emphasized that the plaintiff had not consented to arbitration and had not been a member of the arbitration body, thus affirming the High Court's decision to grant an injunction. The ruling clarified the application of Section 151 CPC in preventing unjust arbitration proceedings.