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...the partnership deed between the parties which is dated 30.01.2015. The High Court, by the impugned order dated 06.12.2018, has cited our judgment in 'A. Ayyasamy v. A....
The present case arises out of a partnership dispute in which an FIR dated 17.11.2017 was lodged by one of the partners alleging siphoning of funds and various other...
"…….The allegation of fraud that was levelled against the appellant was that he had signed and issued a cheque of Rs.10,00,050 on 17th June, 2010 of...
...A. Ayyasamy vs. A. Paramasivam & Ors., (2016) 10 SCC 386 has held as under...OnLine Mad 7055 has after taking into consideration the judgment of the Supreme Court in A. Ayyasamy (supra) held as under...from the scope of arbitrability. For absolute clarity on this aspect of the matter, learned counsel for Lifestyle referred to paragraph 14 of Ayyasamy case and said that the list...
...amended by Act 3 of 2016. Ncdrc has erred in relying on the judgment of this Court in A. Ayyasamy v. A. Paramasivam (2016) 10 SCC 386. The.... (2011) 5 SCC 532, those principles have again been reiterated by this Court in A. Ayyasamy (2016) 10 SCC 386, Dr A.K. Sikri, J. delivering the judgment in...that case has noticed certain cases, which are not arbitrable, in para 14, which is as follows: (A. Ayyasamy case (2016) 10 SCC 386...
...Developers Pvt. Ltd., 2014 (2) Arb. L.R. 27 (SC), A. Ayyasamy v. Parmasivam (2016) 10 SCC 386 : AIR 2016 (SC) 4675.6. Per...to 14.05.2002. The appellant-Private Company filed tender and it was accepted by Corporation. As per Clause I of the agreement, the appellant-Company was supposed to pay a sum of Rs. 20 Lakh on...should include signage, press advertisements, fairs, food festivals, other events etc. at the same outlets.”3. The Corporation organised a Mango Mela on 07/08 July' 2001 at Yaadwinder...
.... (2013) 1 SCC 641, A. Ayyasamy v. A. Paramasivam (2016) 10 SCC 386...issue involved in the present case is quite different.21. In A. Ayyasamy (2016) 10 SCC 386, a two-Judge Bench was concerned with the issue as to whether the plea of...Dipak Misra, C.J.— The respondent, M/s Narbheram Power and Steel Pvt. Ltd., had entered into a Fire Industrial All Risk Policy No. 31150/11/2014/65 in respect of the factory...
...referring to A. Ayyasamy v. A. Paramasivam (2016) 10 SCC 386, the Division Bench held that in view of serious allegations of fraud...commercial undertaking of the parties “with a sense of business efficacy” as held in Ayyasamy case (2016) 10 SCC 386?13. First, the Rishabh entered into two agreements with Juwi...alternative plea so raised.33. Refuting the above contentions, Mr Shanti Bhushan, learned Senior Counsel for the appellants placed reliance upon Ayyasamy case (2016) 10 SCC...
...appreciation of the voluminous evidence that needs to be produced.
16. Supreme Court in the case of A. Ayyasamy Vs. A. Paramasivam...evidence as held in the judgment of the Supreme Court in the case of A. Ayyasamy Vs. A. Paramasivam & Ors. (supra). The...judgment of the Supreme Court in the case of A. Ayyasamy Vs. A. Paramasivam & Ors. (supra) relied upon by the learned counsel for the respondent no.2...
...to the judgment of the Supreme Court in the case of A. Ayyasamy v. A. Paramasivam, (2016) 10 SCC 386].9. Having heard both sides, I am of clear opinion...appellant has referred to the judgment of the Hon'ble Supreme Court in the case of A. Ayyasamy v. A. Paramasivam - [(2016) 10 SCC 386] where it is held that mere...on I.A No. 1 filed under Order 39 Rules 1 and 2 CPC.2. The respondent No. 1 brought a suit against the appeal claiming decree for recovery of Rs. 91,12,616/-, dissolution of the...
..., (2013) 1 SCC 641; A. Ayyasamy v. A Paramasivam...A. Ayyasamy v. A. Paramasivam....
12. The Apex Court in A. Ayyasamy (supra) distinguished a serious allegation of forgery/fabrication in support of the plea of fraud as opposed to an unadorned accusation of criminal act. The ...
...A. Ayyasamy v. A. Paramasivam 2016 10 SCC 386 wherein the Supreme court laid down that where serious allegations of fraud are made, which virtually make ...offence or where allegations of fraud are so complicated, that only a Civil Court would be able to decide it on appreciation of voluminous evidence etc., the arbitration clause can be ignored by the Court...exercising jurisdiction under Section 11 of the Act.6. However, it is important to note that clause 6-A of Section 11 of the Act was added by the Arbitration and...
...section 11 of the 1996 Act.
21. In A. Ayyasamy v. A. Paramasivam; (2016) 10 SCC 386, the Supreme...any event, A. Ayyasamy was a decision on rent control and is factually distinguishable from the present matter. Army Welfare Housing Organisation v. Col. R. Ganesan...Limited; (2011) 5 SCC 532 and on A. Ayyasamy to hold that eviction or tenancy matters are governed by special statutes and can only be decided by specific Courts with special...
...A. Ayyasamy v. A. Paramasivam, (2016) 10 SCC 386 referring to the dictum in Booz Allen & Hamilton Inc., has made two important comments...matter. However, in A. Ayyasamy, notwithstanding the allegations of fraud, the civil appeal was allowed, the civil suit was stayed and reference to arbitration under Section 8 of the Arbitration Act...of fraud. The two views in A. Ayyasamy exposit the predicament on the role of public policy in deciding the question of law of non-arbitrability. Whether a subject matter or a dispute should be held as...
...principles enunciated in A. Ayyasamy v. A. Paramasivam (2016) 10 SCC 386 were attracted in the facts of this case because of the allegation of serious fraud leveled by...there actually were such allegations. Relying upon the observations of the concurring judgment in A. Ayyasamy (supra), learned senior counsel stressed that the burden to establish serious fraud was heavy...tests in A. Ayyasamy (supra) were specific and the learned single Judge correctly did not refer the application to arbitration.19. It was submitted that Sukanya Holdings (supra) laid the...
...of the arbitration agreement is not disputed, all issues, including jurisdictional objections are to be decided by the arbitrator. 4.3 In A. Ayyasamy v. Parmasivam & Ors.,14 Dr. D.Y...A. Ayyasamy v. A. Paramasivam & Ors.34. The Court held that Section 8 mandates reference to arbitration, unless the arbitration agreement is found to be in...consonance with the prevailing arbitration jurisprudence in the common law world. 8.7 The judgment in Ayyasamy (supra) was followed in Rashid...
...A. Ayyasamy v. A. Paramasivam, (2017) 1 MP LJ (SC) 567 : (2016) 10 SCC 386 has...reliance upon the judgment of the Supreme Court in the matter of A. Ayyasamy v. A. Paramasivam, (2017) 1 MP LJ (SC) 567...mentioned certain disputes which are not arbitrable and patent trade mark and copyright is one such category of dispute. In the case of Ayyasamy (supra) the Hon'ble Supreme Court has held that...
...appreciation of the voluminous evidence that needs to be produced.
16. Supreme Court in the case of A. Ayyasamy Vs. A. Paramasivam...evidence as held in the judgment of the Supreme Court in the case of A. Ayyasamy Vs. A. Paramasivam & Ors. (supra). The...judgment of the Supreme Court in the case of A. Ayyasamy Vs. A. Paramasivam & Ors. (supra) relied upon by the learned counsel for the respondent no.2...
...appreciation of the voluminous evidence that needs to be produced.
16. Supreme Court in the case of A. Ayyasamy Vs. A. Paramasivam...evidence as held in the judgment of the Supreme Court in the case of A. Ayyasamy Vs. A. Paramasivam & Ors. (supra). The...judgment of the Supreme Court in the case of A. Ayyasamy Vs. A. Paramasivam & Ors. (supra) relied upon by the learned counsel for the respondent no.2...
..., learned counsel for the petitioner also refers to a judgment reported at (2016) 10 SCC 386 [A. Ayyasamy v. A. Paramasivam], wherein it was held that mere allegation of...[N. Radhakrishnan v. Maestro Engineers] was qualified in (2016) 10 SCC 386 [A. Ayyasamy v. A. Paramasivam]. The facts of the ...A. Ayyasamy (supra), the matter was rightly relegated to arbitration instead of retaining the dispute before the civil court.25. Though the reference to the rights of the plaintiff as...
..., learned counsel for the petitioner also refers to a judgment reported at (2016) 10 SCC 386 [A. Ayyasamy v. A. Paramasivam], wherein it was held that mere allegation of...[N. Radhakrishnan v. Maestro Engineers] was qualified in (2016) 10 SCC 386 [A. Ayyasamy v. A. Paramasivam]. The facts of the ...A. Ayyasamy (supra), the matter was rightly relegated to arbitration instead of retaining the dispute before the civil court.25. Though the reference to the rights of the plaintiff as...
...case of serious fraud.10. Both learned counsel for the petitioner and respondent have relied upon a judgment of the Apex Court in the case of A. Ayyasamy v. A...Court in the case of A. Ayyasamy (Supra), mere allegation of fraud simpliciter is not a ground to nullify effect of arbitration agreement between the parties. Arbitration Clause can be ignored by the....15. What are the circumstances in which the Court may refuse reference to Arbitration where fraud is alleged has been dealt with by the Apex Court in the case of A. Ayyasamy (Supra). It is apposite...