https://www.taxtmi.com/caselaws?id=275925 An application for stay under Section 34 of the Arbitration Act, 1940 requires both a pre-suit dispute capable of reference to arbitration and no waiver by conduct in the proceedings. Mere adjournment for filing a written statement, or a request for time to explore compromise, did not amount to a step in the proceedings showing an unequivocal intention to abandon arbitration. However, the stay application also had to disclose the specific dispute sought to be referred; where the application failed to set out the dispute and no amendment was sought, the court could not treat the matter as referable to arbitration. The stay request was therefore refused and the trial court's stay order was set aside. en-us Thu, 11 Oct 1973 00:00:00 +0530 Tue, 23 Oct 2018 10:12:43 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=275925 An application for stay under Section 34 of the Arbitration Act, 1940 requires both a pre-suit dispute capable of reference to arbitration and no waiver by conduct in the proceedings. Mere adjournment for filing a written statement, or a request for time to explore compromise, did not amount to a step in the proceedings showing an unequivocal intention to abandon arbitration. However, the stay application also had to disclose the specific dispute sought to be referred; where the application failed to set out the dispute and no amendment was sought, the court could not treat the matter as referable to arbitration. The stay request was therefore refused and the trial court's stay order was set aside. Case-Laws Indian Laws Thu, 11 Oct 1973 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=275925