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Supreme Court of India

Booz-allen & Hamilton Inc. v. Sbi Home Finance Ltd. & Ors.

Neutral citation
Reported as [2011] 7 S.C.R. 310
Bench R.V. Raveendran and J.M. Panchal JJ.
Decided 15 April 2011

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.

23 Supreme Court benches have cited this judgment.

What the Court ordered

We are of the view that the right to specific performance A of an agreement of sale deals with contractual rights and it is certainly open to the parties to agree - with a view to shorten litigation in regular courts - to refer the issues relating to specific performance to arbitration.

Judgment, page 38

From the headnote

Arbitration and Conciliation Act, 1996: c s.8 - Application filed by defendant u/s.8 in a pending civil suit praying that the parties to the suit be referred to arbitration - Parties to the suit were parties to an agreement which contained a provision for settlement of disputes by arbitration - Held: Even if there is an arbitration agreement o between the parties, and even if the dispute is covered by the arbitration agreement, the court where the civil suit is pending, will refuse an application uls. 8, to refer the parties to arbitration, if the subject matter of the suit is capable of

Authorities it was built on

Where later benches applied it

Of those, 11 relied on · 12 referred to

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