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    <title>2007 (3) TMI 669 - Supreme Court</title>
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    <description>Section 11 of the Arbitration and Conciliation Act permits the Chief Justice or designate to examine whether an arbitration agreement exists and whether appointment conditions are satisfied. Where serious fraud is alleged, the validity of the arbitration agreement itself may be tested at the threshold because fraud can vitiate solemn acts. The subsisting High Court injunction and pending proceedings also weighed against making an appointment that would conflict with a restraint order, reflecting judicial comity. Where the agreed contractual appointment procedure had not been completed and the reliefs extended beyond the arbitration agreement, the application could not be treated as maintainable at that stage and was dismissed.</description>
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      <link>https://www.taxtmi.com/caselaws?id=159533</link>
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