Supreme Court of India · 2017-04-10
MRS. HEMA KHATTAR vs MR. SHIV KHERA
- Citation / case number
- SC 2012/34066
- Court
- Supreme Court of India
- Petitioner
- MRS. HEMA KHATTAR
- Respondent
- MR. SHIV KHERA
- Author
- R.K. Agrawal
- Bench
- R.K. AGRAWAL MADAN B. LOKUR
Judgment text excerpt
The Supreme Court upheld the High Court's dismissal of the appellants' appeal, affirming that the dispute regarding the construction agreement dated 06.06.2009 falls under the Arbitration and Conciliation Act, 1996, specifically Section 8, which mandates referral to arbitration when a valid arbitration agreement exists. The Court ruled that the appellants' suit was not maintainable as the matter was already pending before an Arbitral Tribunal, thus reinforcing the principle of arbitration as a preferred dispute resolution mechanism. The appeal was dismissed, confirming the lower court's decision.