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february 2008

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.

Vasudev P Hanji vs Ashok Shivalingappa Humarwadi & Ors · Niyam