Supreme Court of India · 2015-02-20
M/S SUNDARAM FINANCE LIMITED vs T. THANKAM
- Citation / case number
- SC 2014/22152
- Court
- Supreme Court of India
- Petitioner
- M/S SUNDARAM FINANCE LIMITED
- Respondent
- T. THANKAM
- Author
- KURIAN
- Bench
- KURIAN JOSEPH M.Y. EQBAL
Judgment text excerpt
The Supreme Court held that once an application is filed under Section 8 of the Arbitration and Conciliation Act, 1996, the civil court must determine whether it has jurisdiction to hear the case based on the arbitration agreement. The Court clarified that the mere presence of an arbitration clause does not oust the jurisdiction of civil courts, especially when interim relief is sought under Section 9 of the Code of Civil Procedure. The appeal was allowed, emphasizing that civil courts retain the authority to grant interim relief despite arbitration agreements.