https://www.taxtmi.com/caselaws?id=187556 A step in proceedings under the Foreign Awards (Recognition and Enforcement) Act, 1961 requires conduct showing an unequivocal submission to adjudication on the merits; threshold objections to jurisdiction, maintainability, limitation or court fee do not bar a stay. A preliminary objection application that seeks decision on maintainability before any merits defence is not a written statement, because substance controls over form and it does not answer the plaint. Abandonment of the right to seek stay requires clear and unequivocal waiver, and repeated insistence on arbitration and preliminary objections does not amount to abandonment. The suit was therefore required to be stayed. en-us Tue, 11 Aug 1987 00:00:00 +0530 Wed, 26 Oct 2016 15:17:28 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=187556 A step in proceedings under the Foreign Awards (Recognition and Enforcement) Act, 1961 requires conduct showing an unequivocal submission to adjudication on the merits; threshold objections to jurisdiction, maintainability, limitation or court fee do not bar a stay. A preliminary objection application that seeks decision on maintainability before any merits defence is not a written statement, because substance controls over form and it does not answer the plaint. Abandonment of the right to seek stay requires clear and unequivocal waiver, and repeated insistence on arbitration and preliminary objections does not amount to abandonment. The suit was therefore required to be stayed. Case-Laws Indian Laws Tue, 11 Aug 1987 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=187556