9 November 2021 | Arun Srivastava v. Larsen & Toubro Ltd. | CM(M) 1520 of 2018 | Amit Bansal J | Delhi High Court | 2021 SCC OnLine Del 4909
In a recovery suit, the defendant applied under Section 8 ACA to refer the matter to arbitration. The application was resisted on the ground that amount was admitted. The application was allowed saying that the existence of the arbitration agreement was not in doubt. The order was challenged in a petition under Article 227 of the Constitution.
The High Court noted that in light of the authorities, especially in Deep Industries (2020) 15 SCC 706, no interference was required.
Even otherwise Section 8 ACA was peremptory in nature and once there is an arbitration clause in the agreement, it is obligatory for the court to refer the parties.
Read the judgment here.
Categories: Article 226 Constitution of India | Article 227 Constitution of India | Bhaven Construction | Deep Industries | Extent of Judicial Intervention | Judicial Review in Arbitration | Patent Lack of Inherent Jurisdiction | Power of High Courts to Issue Certain Writs | Power of Judicial Authority to Refer Parties to Arbitration | Power of Superintendence Over All Courts by the High Court | Section 8 ACA