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december 2014

Supreme Court of India · 2014-12-18

Anil S/O Jagannath Rana & Ors vs Rajendra S/O Radhakishan Rana & Ors

Court
Supreme Court of India
Petitioner
Anil S/O Jagannath Rana & Ors
Respondent
Rajendra S/O Radhakishan Rana & Ors
Bench
Kurian Joseph, Anil R. Dave

Judgment text excerpt

The Supreme Court addressed the issue of whether a party can invoke the Chief Justice's jurisdiction under Section 11(6) of The Arbitration and Conciliation Act, 1996 after a judicial authority has declined to refer a dispute to arbitration under Section 8(1). The Court held that once a decision under Section 8(1) is final, the jurisdiction under Section 11(6) cannot be invoked by either party. Additionally, the scope of Section 8(3) was clarified as ancillary to the main issue.

Anil S/O Jagannath Rana & Ors vs Rajendra S/O Radhakishan Rana & Ors · Niyam