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Trust

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ARBITRATION ACT= The matter was, thereafter, taken up by the designate Judge who came to a finding that the agreement dated 24.05.2005 was not legal and valid and, therefore, the disputes between the parties arising out of the said agreement could not be referred to an arbitrator. The application under Section 11(6) of the 1996 Act was, therefore, dismissed. 9. It is the said decision of the designate Judge, which is the subject matter of challenge in these appeals. The issue regarding the continued existence of the arbitration agreement, notwithstanding the main agreement itself being declared void, was considered by the 7-Judge Bench in SBP & Co. (supra) and it was held that an arbitration agreement could stand independent of the main agreement and did not necessarily become otiose, even if the main agreement, of which it is a part, is declared void. has to first decide his own jurisdiction and whether the party concerned has approached the right High Court.; whether there is an arbitration agreement and as to whether the person who has made the request before him, is a party to such agreement. ; whether the claim was a dead one or a long-barred claim, that was sought to be resurrected. = The above views expressed by the 7-Judge Bench and by the learned Single Judge are sufficient to dispose of these appeals. In the light of what has been indicated hereinbefore, we have no hesitation in setting aside the impugned judgment and the order of the designated Judge once again and directing that the matter be again considered de novo in the light of the observations made hereinabove and the various decisions cited at the Bar.

PageĀ 1 1 REPORTABLE IN THE SUPREME COURT OF INDIA CIVIL APPELLATE JURISDICTION CIVIL APPEAL NO.4596 OF 2013 [Arising out of SLP(C)No.7334 of 2010] M/s Today Homes & Infrastructure Pvt. Ltd. …Appellant Vs. Ludhiana Improvement Trust & Anr. …Respondents WITH C.A. No.4597 of 2013 @ SLP(C)No.11778/2010, C.A. No.4598 of 2013 @ SLP(C)No.10795/2010, C.A. No.4595 of 2013 … Continue reading

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