ATUL SINGH & ORS. versus SUNIL KUMAR SINGH & ORS.

ATUL SINGH & ORS. versus SUNIL KUMAR SINGH & ORS.

Section 8 of the Arbitration and Conciliation Act, 1996 was not applicable because neither the plaintiffs nor their predecessor were parties to the partnership deed dated 17.2.1992 which contained the arbitration clause. The application for reference to arbitration was not accompanied by the original arbitration agreement or certified copy as required by Section 8(2). Relief for declaring the partnership deed illegal and void could only be granted by civil court, not by an arbitrator.

Parties
Appellant: Atul Singh & Ors.; Respondent: Sunil Kumar Singh & Ors.
Jurisdiction
India
Judgment Date
04 January 2008
Procedural Posture
Civil Appeal / Appeal From High Court Civil Revision Decision
Outcome
Appeal allowed. High Court order set aside.
Legal Topics
Arbitration Agreement Applicability, Reference to Arbitration Under Section 8, Declaratory Relief, Civil Court Jurisdiction
Arbitration Civil Procedure Arbitration Agreement Applicability Reference to Arbitration Under Section 8 Declaratory Relief Civil Court Jurisdiction

Case Brief

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Parties

Atul Singh & Ors.

Appellant

Sunil Kumar Singh & Ors.

Respondent

Procedural Posture

Civil Appeal / Appeal From High Court Civil Revision Decision

Legal Issues

  1. 1 Whether Section 8 of the Arbitration and Conciliation Act, 1996 applies to the suit for declaration that the partnership deed is void and to refer dispute to arbitration
  2. 2 Whether plaintiffs or their predecessor were parties to an arbitration agreement under the partnership deed
  3. 3 Whether filing of original arbitration agreement or certified copy is mandatory under Section 8(2) of the 1996 Act

Ratio Decidendi

Section 8 of the Arbitration and Conciliation Act, 1996 was not applicable because neither the plaintiffs nor their predecessor were parties to the partnership deed dated 17.2.1992 which contained the arbitration clause. The application for reference to arbitration was not accompanied by the original arbitration agreement or certified copy as required by Section 8(2). Relief for declaring the partnership deed illegal and void could only be granted by civil court, not by an arbitrator.

Court Disposition

Appeal allowed. High Court order set aside.

Orders

  • The impugned order dated 4.8.2005 passed by the High Court in Civil Revision No.1010 of 2005 is set aside.
  • Costs awarded to appellants.