ZENITH DRUGS & ALLIED AGENCIES PVT. LTD. REPRESENTED BY ITS MANAGING DIRECTOR, SHRI UDAY KRISHNA PAUL V. M/S. NICHOLAS PIRAMAL INDIA LTD.

SC-Setting aside the Guwahati HC order,the Hon’ble SC held that the parties can be referred to arbitration in an application filed under Sec.8 of the Arbitration and Conciliation Act only if the subject matter of the action before the judicial authority relates to dispute which is the subject of the arbitration agreement. Since the respondent has raised the plea that the compromise decree is vitiated by fraud, the merits of such a plea could be decided only by the Civil Court and the parties cannot be referred to arbitration. Hon'ble Justices  R. Banumathi and A.S. Bopanna [30-07-2019]
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