Supreme Court of India
The Branch Manager, M/s. Magma Leasing and Finance Limited and Anr. v. Potluri Madhavilata and Anr.
INSC stands for INDIAN SUPREME COURT. A neutral citation scheme assigned by the Court itself, so a judgment can be cited without depending on a commercial law reporter. INSC is the neutral citation scheme assigned by the Supreme Court, so a judgment can be cited without depending on a commercial law reporter.
7 Supreme Court benches have cited this judgment.
What the Court ordered
In the result, appeal must succeed and is allowed. The impugned order dated April 30, 2007 passed by the High Court affirming the order dated December 4, 2006 passed by the First Additional Senior Civil Judge, Vijayawada is set aside. I.A No.490/2006 in O.S.No.19/2006 is restored to the file of the First Additional Senior Civil Judge, Vijayawada for passing an appropriate. order in the light of the observations made hereinabove. Since the respondent has not chosen to appear, no order as to costs.
Judgment, 25
From the headnote
Arbitration and Conciliation Act, 1996 - s. 8 - Hire purchase agreement entered into by respondent-hirer with appellant-finance company in respect of motor vehicle - Agreement containing arbitration clause - Default in payment of installments by respondent - Termination of agreement by appellant - Vehicle seized from respondent - Respondent filed suit for recovery of possession of the vehicle - Appellant filed application u/s.8 of the Act read with s.151 CPC for referring the dispute raised in the suit, to an arbitrator - Application dismissed - Propriety of - Held: Not proper - Merely because the agreement came to an end by its termination due to breach, the arbitration clause did not get perished nor was it rendered inoperative; rather it survived for resolution of disputes arising "in respect of" or "with regard to" or "under" the agreement.
Authorities it was built on
Where later benches applied it
- 2015 M/s. Sundaram Finance Limited and Another v. T. Thankam
- 2016 A. Ayyasamy v. A. Paramasivam & Ors.
- 2023 In Re: Interplay Between Arbitration Agreements Under the Arbitration and Conciliation Act 1996 and the Indian Stamp Act 1899 v..
- 2018 M/s. Emaar Mgf Land Limited v. Aftab Singh
- 2014 World Sport Group (mauritius) Ltd. v. Msm Satellite (singapore) Pte. Ltd.
- 2013 M/s Young Achievers v. Ims Learning Resources Pvt. Ltd.
- 2014 Ranjit Kumar Bose & Anr. v. Anannya Chowdhury & Anr
Of those, 1 relied on · 1 distinguished · 1 referred to · 4 mentioned
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