Supreme Court of India · 2008-02-15
VASUDEV P. HANJI vs ASHOK SHIVALINGAPPA HUMBARWADI .
- Citation / case number
- SC 2006/16192
- Court
- Supreme Court of India
- Petitioner
- VASUDEV P. HANJI
- Respondent
- ASHOK SHIVALINGAPPA HUMBARWADI .
- 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 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. without considering the provisions of Section 9. The Court distinguished the facts of the current case from the aforementioned case, allowing the appeal and directing the Principal Civil Judge to consider the application under Section 9 independently on its merits.