https://www.taxtmi.com/caselaws?id=217521 An arbitration clause covering creation and enforcement of charge, realization of sale proceeds, and continued occupation was held to encompass the mortgage dispute, so the suit's subject matter fell within the clause. A counter affidavit filed only to oppose interim injunction did not amount to the first statement on the substance of the dispute, and mere lapse of time without such a statement did not bar a section 8 request. However, a mortgage suit for enforcement by sale is an action in rem requiring adjudication by a civil court through statutory decree procedure; it is not arbitrable and cannot be referred to arbitration under section 8, even where related matters are covered by the arbitration agreement. en-us Fri, 15 Apr 2011 00:00:00 +0530 Fri, 22 Aug 2025 13:27:00 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=217521 An arbitration clause covering creation and enforcement of charge, realization of sale proceeds, and continued occupation was held to encompass the mortgage dispute, so the suit's subject matter fell within the clause. A counter affidavit filed only to oppose interim injunction did not amount to the first statement on the substance of the dispute, and mere lapse of time without such a statement did not bar a section 8 request. However, a mortgage suit for enforcement by sale is an action in rem requiring adjudication by a civil court through statutory decree procedure; it is not arbitrable and cannot be referred to arbitration under section 8, even where related matters are covered by the arbitration agreement. Case-Laws Companies Law Fri, 15 Apr 2011 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=217521