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    <title>2010 (6) TMI 886 - ALLAHABAD HIGH COURT</title>
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    <description>Section 8 of the Arbitration and Conciliation Act, 1996 is available only where the subject matter of the suit is covered by an arbitration agreement binding on all necessary parties. Where one defendant is not a signatory to the arbitration agreement, and the reliefs arise from subsequent transactions rather than the earlier shareholders&#039; agreement, reference to arbitration is not warranted. The text also notes a procedural defect in relying on only a self-attested copy of the agreement and the existence of parallel statutory proceedings, both supporting the view that arbitration was not available in the manner claimed. The trial court&#039;s refusal to refer the dispute to arbitration was upheld.</description>
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      <link>https://www.taxtmi.com/caselaws?id=295533</link>
      <description>Section 8 of the Arbitration and Conciliation Act, 1996 is available only where the subject matter of the suit is covered by an arbitration agreement binding on all necessary parties. Where one defendant is not a signatory to the arbitration agreement, and the reliefs arise from subsequent transactions rather than the earlier shareholders&#039; agreement, reference to arbitration is not warranted. The text also notes a procedural defect in relying on only a self-attested copy of the agreement and the existence of parallel statutory proceedings, both supporting the view that arbitration was not available in the manner claimed. The trial court&#039;s refusal to refer the dispute to arbitration was upheld.</description>
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