Supreme Court of India
Shri Vimal Kishor Shah & Ors. v. Mr. Jayesh Dinesh Shah & Ors.
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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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Where later benches applied it
- 2020 Vidya Drolia and Others v. Durga Trading Corporation
- 2020 Avitel Post Studioz Limited & Ors. v. Hsbc Pi Holdings (mauritius) Limited
- 2025 Sanjit Singh Salwan & Ors. v. Sardar Inderjit Singh Salwan & Ors.
- 2019 Vidya Drolia & Ors. v. Durga Trading Corporation
- 2018 M/s. Emaar Mgf Land Limited v. Aftab Singh
Of those, 2 relied on · 3 referred to
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