Supreme Court Cancels SARFAESI Auction Sale After 16 Years Due to a 5-Day Payment Delay  ||  Jhar HC Orders 2-Month Probe Deadline, DGP Monitoring to Overhaul Sexual Violence Response in State  ||  Delhi HC: Social Media Cannot Undermine Judiciary; Intermediaries Must Act Without Court Orders  ||  Bom HC Directs No Coercive Action Against Anil Ambani under Black Money Act in Rs 420 Crore Tax Case  ||  Allahabad HC Flags Misuse of BNSS Preventive Detention Powers in Prayagraj Police Commissionerate  ||  Bombay HC: Court-Directed Disclosure Prevails over Confidentiality Clause in Agreement  ||  SC : Del HC can be Approached by CAPF Personnel for Service Disputes  ||  Delhi HC: Khurram Parvez Granted Bail in UAPA Case  ||  Allahabad HC: Magistrates, Police Personally Liable for Illegal Detention  ||  Bombay HC: No Case for Prior Restraint Against HDFC    

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