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april 2017

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.

MRS. HEMA KHATTAR vs MR. SHIV KHERA · Niyam