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april 2017

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.

Mrs. Hema Khattar & Anr vs Mr. Shiv Khera · Niyam