SC: Hard to Believe Married Woman Was Lured Into Sex by False Marriage Promise; Case Quashed  ||  SC: Properties Acquired by Karta are Presumed to be Joint Hindu Family Assets unless Proven Otherwise  ||  SC: Trial Courts Must Record that Free Legal Aid was Offered to Accused Before Witness Examination  ||  SC: State Government Employees Cannot Claim Dearness Allowance Twice a Year Unless Rules Allow  ||  P&H High Court: Anticipatory Bail on Settlement Can be Revoked if Compromise is Broken  ||  Delhi High Court: Consenting Adults can Choose Life Partners Without Societal or Parental Approval  ||  Cal HC: Excessive Palm Sweating Alone Cannot Render Candidate Medically Unfit for CAPF Appointment  ||  Del HC: Mother's Right to Education and Personal Growth Cannot be Restricted Due To Custody Disputes  ||  SC: Under RTE Act, States Cannot Justify Low Teacher Pay by Citing Centre’s Failure to Release Funds  ||  Supreme Court: While a Child’s Welfare is Paramount, It is Not the Sole Factor in Custody Disputes    

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