RACHAPPA GURUADAPPA BIJAPUR versus GURUSIDDAPPA NURANIAPPA & ORS.

RACHAPPA GURUADAPPA BIJAPUR versus GURUSIDDAPPA NURANIAPPA & ORS.

Seeking and securing adjournments for filing written statement constitutes 'taking steps in the proceedings' under Section 34 of the Arbitration Act, 1940, which demonstrates an intention to proceed with the suit and waives the right to arbitration, thus disentitling the party from seeking a stay of the suit.

Parties
Petitioner: Rachappa Guruadappa Bijapur; Respondent: Gurusiddappa Nuraniappa; Respondents: Respondents Nos. 2-9
Jurisdiction
India
Judgment Date
16 November 1988
Procedural Posture
Special Leave Petition (civil) / Supreme Court Decision on Leave to Appeal
Outcome
Petition dismissed
Legal Topics
Section 34 of Arbitration Act, 1940, Stay of Suit, Taking Steps in Proceedings, Written Statement, Waiver of Arbitration Agreement
Arbitration Civil Procedure Section 34 of Arbitration Act, 1940 Stay of Suit Taking Steps in Proceedings Written Statement Waiver of Arbitration Agreement

Case Brief

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Parties

Rachappa Guruadappa Bijapur

Petitioner

Gurusiddappa Nuraniappa

Respondent

Respondents Nos. 2-9

Respondents

Procedural Posture

Special Leave Petition (civil) / Supreme Court Decision on Leave to Appeal

Legal Issues

  1. 1 Whether seeking and securing adjournments for filing written statement amounts to 'taking any other steps in the proceedings' under Section 34 of Arbitration Act, 1940, thereby disentitling the party from seeking a stay of suit

Ratio Decidendi

Seeking and securing adjournments for filing written statement constitutes 'taking steps in the proceedings' under Section 34 of the Arbitration Act, 1940, which demonstrates an intention to proceed with the suit and waives the right to arbitration, thus disentitling the party from seeking a stay of the suit.

Court Disposition

Petition dismissed

Orders

  • Petitioner is granted eight weeks from today to file written statement to the plaint.