Supreme Court of India · 2008-02-15
Vasudev P Hanji vs Ashok Shivalingappa Humarwadi & Ors
- Court
- Supreme Court of India
- Petitioner
- Vasudev P Hanji
- Respondent
- Ashok Shivalingappa Humarwadi & Ors
- Bench
- H.K. Sema, Markandey Katju
Judgment text excerpt
The Supreme Court held that the rejection of the application under Section 9 of the Arbitration and Conciliation Act, 1996, by both the Principal Civil Court and the High Court was erroneous as they relied on the case of National Aluminium Co. Ltd. Vs. Pressteel & Fabrications (P) Ltd., which did not address Section 9. The Court distinguished the facts of the current case from the previous ruling and set aside the High Court's order, allowing the appeal and directing the Principal Civil Judge to consider the application under Section 9 independently.