2018 (8) TMI 2022

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.... Advs. For Respondents: Prantik Garai and Chayan Gupta, Advs. JUDGMENT Harish Tandon, J. 1. These two applications are taken up together arising from a common order in order to avoid the prolixity of repetition. The petitioner files two suits being CS 139 of 2010 and CS 140 of 2010 before this Court seeking declaration that they are not obliged to pay an amount under the term loan faci....

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....s Court allowed the applications filed by the respondent under Section 8 of the said Act and referred the parties to arbitration. 3. The petitioner challenged the said order before the Supreme Court by filing a Special Leave Petition. The Special Leave Petition came up on 7th November, 2016 and was withdrawn by the petitioner. It was submitted before the Supreme Court that such withdrawal is ma....

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....der be passed in favour of the petitioner. A submission was advanced before the Supreme Court that the petitioner therein intended to exhaust the remedy of review on a particular ground and the same was a consideration in permitting the withdrawal of the Special Leave Petition. It is no longer res integra that the review jurisdiction is not exercised as an appellate jurisdiction where the entire i....

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....ration clause or agreement. If the subject dispute is covered by an arbitration agreement, it is imperative on the Court to refer the parties to arbitration instead of venturing to proceed to decide the suit on merit. If an express embargo is created under the statute, the Court cannot travel beyond it. The Court cannot pass such a direction which is not contemplated under Section 8 of the said Ac....