Home Case Index All Cases Companies Law Companies Law + SC Companies Law - 1993 (11) TMI SC This
Forgot password New User/ Regiser ⇒ Register to get Live Demo
1993 (11) TMI 229 - SC - Companies LawWhether the contract was put an end to by final payment? Whether the arbitration clause contained in the contract will perish with it? Held that:- In this case, there was a termination of the contract due to non- performance, the existence of the contract has been assumed for the purposes of such termination. In the circumstances, as we have held that where in a contract there is an arbitration clause, notwithstanding the plea that there was a full and final settlement between the parties, that dispute can be referred to the arbitration, the Subordinate Judge. is directed to dispose. of the petition of the appellant according to law. The reasons for further consideration on this aspect were fully set out in the petition which was placed before us on November 6, 1973. After hearing the learned counsel for the respondent we found no justification for giving any directions or for changing our view that the High Court was in error in dismissing the petition under s. 9(b) read with s. 33 of the Act. We accordingly dismissed the Civil Mscellaneous Petition.
|