Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Arbitration award under Uniform Domain Name dispute Resolution Policy (UDNRP) - Rule 4(k) and 18 of UDNRP does not prohibit the proceedings of Civil Court - Rejection of application U.O.7.R.11 CPC by trial Court, upheld...........
Civil Procedure Code, 1908, Order 7, Rule 11, Arbitration and Conciliation Act, 1996, Section 8 -- Rejection of plaint - Arbitration agreement - As arbitration agreement is applicable to the subject matter of dispute as such trial Judge was justified in referring the dispute to arbitration...........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Arbitration proceedings - Dispute referred to Arbitrator and objections taken in said arbitration proceedings cannot be looked into at the stage of deciding application U.O.7.R.11 CPC...........
Civil Procedure Code, 1908, Order 7, Rule 11, Civil Procedure Code, 1908, Order 2, Rule 2 -- Rejection of plaint - Arbitration proceedings - Arbitration proceedings do not fall within the definition of suit - Provisions of CPC do not strictly apply to arbitration matters as provided u/s 19 of Arbitration and Conciliation Act, 1996 - Plaint cannot be rejected U.O.2.R.2 CPC...........
Civil Procedure Code, 1908, Section 151, Order 7, Rule 11 -- Rejection of plaint - Filing of a plaint on a cause qua which there is an arbitration clause, per se does not means that plaint is barred by any law - In such an eventuality defendant has to move appropriate application for referring the matter to Arbitrator - When defendant does not raise this plea at first..........
Arbitration and Conciliation Act, 1996, Section 34, 37, Commercial Courts Act, 2015, Section 13(1), Civil Procedure Code, 1908, Order 43, Rule 1, Civil Procedure Code, 1908, Order 7, Rule 10 -- Arbitration award setting aside - Rejection of plaint on ground of jurisdiction - There is no adjudication u/s.34 of Act, 1996 - Special Commercial Court allowed an application..........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - S.8 of Arbitration and Conciliation Act not a `bar' to the civil suit - Plaint cannot be rejected U.O.7.R.11 CPC...........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Existence of arbitration clause - Would only entail an order u/s 8 of Arbitration and Conciliation Act to refer dispute to arbitration - Mere existence of arbitration clause in agreement between parties, does not precludes any person from instituting a civil suit - Order of rejection of plaint held, not..........
Civil Procedure Code, 1908, Order 7, Rule 11(d) -- Rejection of plaint - Arbitration clause in agreement - Not an absolute bar to the maintainability of suit - However, if defendant upon being served with the summons of the suit, apply u/s 8 of the Arbitration Act, would be question of non maintainability of the suit and referring the party to arbitration would arise...........
Civil Procedure Code, 1908, Order 7, Rule 10, 11, Arbitration and Conciliation Act, 1996, Section 8 -- Return/rejection of plaint - Existence of arbitration agreement - Court below returned the plaint on the ground of existence of arbitration agreement ignoring the fact that defendant no.2 has no binding agreement with plaintiffs containing arbitration clause enforceable..........
