BRIGADIER MAN MOHAN SHARMA, FRGS (RETD.) versus LT. GEN. DEPINDER SINGH

BRIGADIER MAN MOHAN SHARMA, FRGS (RETD.) versus LT. GEN. DEPINDER SINGH

The existence of disputes arising from termination of the Publication Agreement and commercial ramifications between the original publisher and the author warrant reference to arbitration, regardless of a pending civil suit by a third party. The designated Judge incorrectly applied the principle of estoppel and failed to recognize that only disputes between the appellant and respondent under the agreement ought to be considered for arbitration.

Parties
Appellant: Brigadier Man Mohan Sharma, FRGS (Retd.); Respondent: Lt. Gen. Depinder Singh
Jurisdiction
India
Judgment Date
26 November 2008
Procedural Posture
Civil Appeal / Appeal From Division Bench Decision of High Court
Outcome
Appeal allowed
Legal Topics
Arbitration Agreement, Reference to Arbitration, Estoppel, Termination of Contract, Copyright Infringement
Arbitration Contract Law Intellectual Property Arbitration Agreement Reference to Arbitration Estoppel Termination of Contract Copyright Infringement

Case Brief

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Parties

Brigadier Man Mohan Sharma, FRGS (Retd.)

Appellant

Lt. Gen. Depinder Singh

Respondent

Procedural Posture

Civil Appeal / Appeal From Division Bench Decision of High Court

Legal Issues

  1. 1 Whether there exists a dispute between the parties that ought to be referred to arbitration under the Publication Agreement.
  2. 2 Whether the pending civil suit by a third party precludes reference to arbitration between the original parties.
  3. 3 Whether the principle of estoppel was correctly applied to deny arbitration.

Ratio Decidendi

The existence of disputes arising from termination of the Publication Agreement and commercial ramifications between the original publisher and the author warrant reference to arbitration, regardless of a pending civil suit by a third party. The designated Judge incorrectly applied the principle of estoppel and failed to recognize that only disputes between the appellant and respondent under the agreement ought to be considered for arbitration.

Court Disposition

Appeal allowed

Orders

  • Order of Division Bench and designated Judge set aside
  • Matter remanded to designated Judge for appointment of Arbitral Tribunal as per paragraph 17 of Publication Agreement