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.