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SHRI VIMAL KISHOR SHAH & ORS. vs. MR. JAYESH DINESH SHAH & ORS.

SCR Citation: [2016] 7 S.C.R. 102
Year/Volume: 2016/ Volume 7
Date of Judgment: 17 August 2016
Petitioner: SHRI VIMAL KISHOR SHAH & ORS.
Disposal Nature: Appeal Allowed
Neutral Citation: 2016 INSC 608
Judgment Delivered by: Hon'ble Mr. Justice Abhay Manohar Sapre
Respondent: MR. JAYESH DINESH SHAH & ORS.
Case Type: CIVIL APPEAL /8164/2016
Order/Judgment: Judgment
1. Headnote

Arbitration and Conciliation Act, 1996 - ss.2(b), 2(h), 7 and 11 - Application u/s. 11 for appointment of arbitrator - In view of arbitration clause in a Trust Deed - For resolving the dfapute between the beneficiaries - Maintainability of the application - Held: Application u/s. 11 is maintainable only when there is valid, binding and enforceable 'arbitration agreement' within meaning of s. 7 of the Act - The Trust Deed including the arbitration clause does not satisfj; the requirements u/ss. 2(b), 2{h) rlw. s. 7 and hence cannot be construed as an 'arbitration agreement' inter se beneficiaries within the meaning of s. 7 - Trust Act specifically provides forjurisdiction of civil court in respect of disputes regarding the trust, thus impliedly excludes applicability of Arbitration Act - Therefore, the application uls. 11 is not maintainable - Trust Act, 1882. InInterpretation of Statutes: The law which ousters jurisdiction of courts, cannot be inferred readily - It requires strict rule of interpretation. 1f a statute provides for a specific remedy, it thereby forbids a remedy of any other form than that given in the statute.

2. Case referred
3. Act
      No Data Found!!!!!
4. Keyword
  • Arbitration and Conciliation Act
  • 1996 - ss.2(b
5. Equivalent citation
    Citation(s) 2016 AIR 3889 = 2016 (8) SCC 788 = 2016 (8) Suppl. SCC 788 = 2016 (8) JT 230 = 2016 (8) Suppl. JT 230 = 2016 (8) SCALE 116