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february 2015

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.

M/S SUNDARAM FINANCE LIMITED vs T. THANKAM · Niyam