Supreme Court of India · 2017-04-10
Mrs. Hema Khattar & Anr vs Mr. Shiv Khera
- Citation / case number
- AIR 2017 SUPREME COURT 1793
- Court
- Supreme Court of India
- Petitioner
- Mrs. Hema Khattar & Anr
- Respondent
- Mr. Shiv Khera
- Author
- R.K. Agrawal
- Bench
- Madan B. Lokur, R.K. Agrawal
Judgment text excerpt
The Supreme Court upheld the High Court's dismissal of the appellants' appeal against the order dated 28.09.2012, which found that the suit filed by the appellants was not maintainable due to misjoinder of parties and causes of action. The Court emphasized that under Section 8 of the Arbitration and Conciliation Act, 1996, disputes already pending before an Arbitral Tribunal cannot be pursued in a civil suit. The Court affirmed that the agreement dated 06.06.2009 was valid and the arbitration clause was enforceable, thereby rejecting the appellants' claims for declarations and injunctions.