Supreme Court of India

Shri Vimal Kishor Shah & Ors. v. Mr. Jayesh Dinesh Shah & Ors.

Neutral citation
Reported as [2016] 7 S.C.R. 102
Bench Jasti Chelameswar J.
Decided 17 August 2016

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.

5 Supreme Court benches have cited this judgment.

From the headnote

Arbitration and Conciliation Act, 1996 - ss.2(b), 2(h), 7 and 11 - Application u/s. 11 for appointment of arbitrator - In view of arbitration clause in a Trust Deed - For resolving the dfapute between the beneficiaries - Maintainability of the application - Held: Application u/s. 11 is maintainable only when there is valid, binding and enforceable 'arbitration agreement' within meaning of s. 7 of the Act - The Trust Deed including the arbitration clause does not satisfj; the requirements u/ss. 2(b), 2{h) rlw. s. 7 and hence cannot be construed as an 'arbitration agreement' inter se

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