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january 2008

Supreme Court of India · 2008-01-04

Atul Singh & Ors vs Sunil Kumar Singh & Ors

Citation / case number
AIR 2008 SUPREME COURT 1016
Court
Supreme Court of India
Petitioner
Atul Singh & Ors
Respondent
Sunil Kumar Singh & Ors
Author
G. P. Mathur
Bench
G.P. Mathur, Aftab Alam

Judgment text excerpt

The Supreme Court held that the Patna High Court erred in allowing the Civil Revision Petition under Section 8 of the Arbitration and Conciliation Act, 1996, which pertains to the referral of disputes to arbitration. The Court established that the existence of a valid arbitration agreement is a prerequisite for such a referral, and in this case, the partnership deed in question was contested as being fraudulent and void. The appeal was allowed, and the order of the Patna High Court was set aside, reinstating the trial court's decision to reject the arbitration request.

Atul Singh & Ors vs Sunil Kumar Singh & Ors · Niyam