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2003 (8) TMI 381 - SC - Companies LawWhether the learned court below committed an illegality in refusing to refer the matter to arbitration? Held that:- Appeal dismissed. As the acts of bias on the part of the second appellant arose during execution of the agreement, the question as to whether the respondent herein entered into the agreement with his eyes wide-open or not takes a back-seat. An order which lacks inherent jurisdiction would be a nullity and, thus, the procedural law of waiver or estoppel would have no application in such a situation. Thus as the learned Subordinate Judge, inter alia, held that clause 60 did not constitute an arbitration agreement, the same could not have been the subject-matter of an appeal under section 39(1)(i) of the Act inasmuch as thereby the arbitration agreement was not superseded.
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