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    <title>2006 (6) TMI 521 - CALCUTTA HIGH COURT</title>
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    <description>A suit cannot be stayed under Section 45 of the Arbitration and Conciliation Act, 1996 unless a valid and binding arbitration agreement governs the plaintiff at the relevant stage. The fixture note and mate receipts were treated as insufficient to bind the plaintiff, and the arbitration clause in the charter party and bill of lading did not operate against it when the suit was filed, especially since the bill of lading was issued pursuant to interim orders and without prejudice. The court also lacked jurisdiction to stay the Hongkong arbitration. The suit-stay request and the prayer to halt the foreign arbitration were rejected, while the interim orders on issuance of the bill of lading and renewal of the bank guarantee were continued.</description>
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    <pubDate>Tue, 27 Jun 2006 00:00:00 +0530</pubDate>
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      <title>2006 (6) TMI 521 - CALCUTTA HIGH COURT</title>
      <link>https://www.taxtmi.com/caselaws?id=196986</link>
      <description>A suit cannot be stayed under Section 45 of the Arbitration and Conciliation Act, 1996 unless a valid and binding arbitration agreement governs the plaintiff at the relevant stage. The fixture note and mate receipts were treated as insufficient to bind the plaintiff, and the arbitration clause in the charter party and bill of lading did not operate against it when the suit was filed, especially since the bill of lading was issued pursuant to interim orders and without prejudice. The court also lacked jurisdiction to stay the Hongkong arbitration. The suit-stay request and the prayer to halt the foreign arbitration were rejected, while the interim orders on issuance of the bill of lading and renewal of the bank guarantee were continued.</description>
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      <pubDate>Tue, 27 Jun 2006 00:00:00 +0530</pubDate>
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