AP HP Criticized Authorities and Ordered Removal of an Ex-Serviceman’s Land From the Prohibited List  ||  Kerala High Court Upheld the Conviction of a Madrasa Teacher in a Child Sexual Assault Case  ||  Gauhati High Court: Pending Criminal Case Cannot Indefinitely Delay an MBBS Pass Certificate  ||  SC Took Suo Motu Action and Directed Odisha to Aid a Visually Impaired Man and His Mother  ||  Whether a Life-Threatening Rescue by Cop Can be Treated as Routine Duty, Madhya Pradesh HC Clarifies  ||  Madhya Pradesh HC: Officer Cannot Oversee Department Conducting Disciplinary Proceedings Against Him  ||  Madras High Court: POCSO Act Does Not Exempt Romantic Relationships Involving Minors  ||  SC Upholds Haryana Rule Delaying Aid to Kin Accused of Murdering Government Employees  ||  Supreme Court: Lokayukta Special Police is Not Exempt From RTI as an Intelligence Body  ||  Supreme Court: Curable Irregularity in Appointments Cannot Nullify Entire Recruitment Process    

Luxmi Township Limited v. Asif Iqbal Hussain and Ors. - (High Court of Calcutta) (11 Aug 2015)

Opposing an interim injunction does not necessarily constitute submitting a first statement on the substance of the dispute

MANU/WB/0640/2015

Arbitration

Waiver of a right by a party to enforce the arbitration agreement must be gathered from the facts and circumstances of the case. The Court noted that though the Petitioner had filed a written objection to an injunction application by the Respondent, its application for arbitration could not be dismissed. The disclosure of a defence opposing a motion for interim injunction did not mean that the party had filed its first statement on the substance of the disputes. It opined, Courts must determine if by filing its pleadings a party has 'clearly and unambiguously waived its right to seek arbitration'.

Relevant : Section 8 Arbitration and Conciliation Act, 1996 Act Sukanya Holdings Pvt. Ltd. v. Jayesh H. Pandya reported in MANU/SC/0310/2003 Chloro Controls (I) P. Ltd. v. Severn Trent Water Purification Inc. reported in MANU/SC/0803/2012 Booz Allen and Hamilton Inc. v. SBI Home Finance Ltd. Reported in MANU/SC/0533/2011

Tags : ARBITRATION   WAIVE   RIGHT   FIRST STATEMENT  

Share :        

Disclaimer | Copyright 2026 - All Rights Reserved