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.