2013 (11) TMI 1823 - HC - Indian Laws

Summary

1. ISSUES PRESENTED and CONSIDERED

The core legal issues considered in this judgment are:

• Whether the Civil Revision Application should be dismissed for want of original or certified copy of the arbitration agreement.
• Whether an arbitration agreement exists between all the parties to the suit.
• Whether the subject matter of the suit is the subject matter of the arbitration agreement.

2. ISSUE-WISE DETAILED ANALYSIS

Issue 1: Dismissal for Want of Original or Certified Copy of Arbitration Agreement

• Legal Framework and Precedents: Section 8 of the Arbitration and Conciliation Act, 1996 requires filing of the original or certified copy of the arbitration agreement.
• Court's Interpretation: The court noted that both parties had already filed copies of the agreements containing the arbitration clause, thus fulfilling the requirement.
• Conclusion: The application could not be dismissed merely due to non-filing of the original or certified copy, as the existence of the agreements was undisputed.

Issue 2: Existence of Arbitration Agreement Between All Parties

• Legal Framework and Precedents: Section 8 of the Act mandates that all parties to the suit must be parties to the arbitration agreement.
• Court's Interpretation: The court found that all parties to the suit were indeed parties to the arbitration agreements within the three partnership firms.
• Conclusion: The arbitration agreements were applicable to all parties, and thus, the matter could be referred to arbitration.

Issue 3: Subject Matter of the Suit vs. Arbitration Agreement

• Legal Framework and Precedents: The subject matter of the suit should be the same as the subject matter of the arbitration agreement.
• Court's Interpretation: The court determined that the dispute over the properties acquired by Defendant No. 1 using partnership funds was within the scope of the arbitration agreements.
• Conclusion: The subject matter of the suit was indeed covered by the arbitration agreements, allowing the dispute to be referred to arbitration.

3. SIGNIFICANT HOLDINGS

• The court held that "there is no need of any bifurcation of any cause of action as the action brought by the plaintiff is the subject of all the arbitration agreements."
• The principle established is that when all parties to a suit are parties to arbitration agreements, and the subject matter is covered by these agreements, the dispute should be referred to arbitration.
• Final determination: The order of the trial court was set aside, and the parties were referred to arbitration, with the arbitral tribunal consisting of Justice Shri. N.P. Chapalgaonkar (Retd.), Justice A.B. Naik (Retd.), and Justice M.G. Gaikwad (Retd.).

The judgment underscores the importance of adhering to arbitration agreements and highlights the court's role in facilitating arbitration where applicable, thereby reducing judicial intervention in favor of arbitral resolution of disputes.