MADAN MOHAN RAJGARHIA versus M/S. MAHENDRA R. SHAH & BROS. AND ANR.

MADAN MOHAN RAJGARHIA versus M/S. MAHENDRA R. SHAH & BROS. AND ANR.

The arbitration clause in the bills is sufficiently wide to encompass disputes between a member and a non-member, including the appellant. Thus, the suit is subject to stay under Section 34 of the Arbitration Act, 1940.

Parties
Appellant: Madan Mohan Rajgarhia; Respondent: M/s. Mahendra R. Shah & Bros.
Jurisdiction
India
Judgment Date
31 July 2003
Procedural Posture
Civil Appeal / Appeal From Order of High Court
Outcome
appeal dismissed
Legal Topics
Arbitration Clause, Stay of Suit, Stock Exchange Dispute
Arbitration Arbitration Clause Stay of Suit Stock Exchange Dispute

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Legal principles 1 Authorities cited 1 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Parties

Madan Mohan Rajgarhia

Appellant

M/s. Mahendra R. Shah & Bros.

Respondent

Procedural Posture

Civil Appeal / Appeal From Order of High Court

Legal Issues

  1. 1 Whether the arbitration clause in the bill applies to disputes between a member and a non-member of the stock exchange
  2. 2 Whether a non-member plaintiff is covered under the arbitration clause for disputes with a member

Ratio Decidendi

The arbitration clause in the bills is sufficiently wide to encompass disputes between a member and a non-member, including the appellant. Thus, the suit is subject to stay under Section 34 of the Arbitration Act, 1940.

Court Disposition

appeal dismissed

Orders

  • appeal fails and is dismissed
  • no order as to costs