https://www.taxtmi.com/caselaws?id=234341 A party that filed a parallel suit on the same contract was treated as having acted inconsistently with reliance on the arbitration clause, so the request to refer the dispute to arbitration was rejected. In the summary suit, the agreement was read as a whole and the security deposit clause was linked to due performance, leaving triable issues on breach, termination, damages, and refundability; unconditional leave to defend was therefore granted. Because leave to defend had been granted, the summary trial was treated as commenced for Section 10 purposes, and the later suit was stayed as the earlier proceeding involved directly and substantially the same issues. en-us Fri, 08 Feb 2013 00:00:00 +0530 Fri, 07 Jun 2013 09:29:53 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=234341 A party that filed a parallel suit on the same contract was treated as having acted inconsistently with reliance on the arbitration clause, so the request to refer the dispute to arbitration was rejected. In the summary suit, the agreement was read as a whole and the security deposit clause was linked to due performance, leaving triable issues on breach, termination, damages, and refundability; unconditional leave to defend was therefore granted. Because leave to defend had been granted, the summary trial was treated as commenced for Section 10 purposes, and the later suit was stayed as the earlier proceeding involved directly and substantially the same issues. Case-Laws Indian Laws Fri, 08 Feb 2013 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=234341