https://www.taxtmi.com/caselaws?id=108511 Sections 32 and 33 of the Arbitration Act, 1940 do not permit a petition seeking a declaration that no concluded contract exists or that the underlying contract is void. Although framed as a challenge to the existence or validity of an arbitration agreement, such relief substantively concerns the existence and enforceability of the underlying contract. It must therefore be pursued through a civil suit under the ordinary jurisdiction of the civil court under section 9 of the Code of Civil Procedure, 1908. Petitions under section 33 are not maintainable for this purpose. en-us Thu, 13 Mar 2003 00:00:00 +0530 Sat, 31 Mar 2012 18:52:47 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=108511 Sections 32 and 33 of the Arbitration Act, 1940 do not permit a petition seeking a declaration that no concluded contract exists or that the underlying contract is void. Although framed as a challenge to the existence or validity of an arbitration agreement, such relief substantively concerns the existence and enforceability of the underlying contract. It must therefore be pursued through a civil suit under the ordinary jurisdiction of the civil court under section 9 of the Code of Civil Procedure, 1908. Petitions under section 33 are not maintainable for this purpose. Case-Laws Companies Law Thu, 13 Mar 2003 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=108511