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..., 1996”
3. Relying on the judgments in Jagdish Chander v. Ramesh Chander, (2007) 5 SCC 719 and Ramesh Chandra...decline to appoint an Arbitrator on the basis of the above clause.
4. The Court finds that as far as Jagdish Chander v. Ramesh Chander...far as Ramesh Chandra Samantaray (supra) is concerned, the relevant clause read as under:
“25.1 In view of the provision of the Clause 24 on Dispute Redressal System, it is the...
...Engineers
(Ref) 10
4. (2007) 5 SCC 719
Jagdish Chander v. Ramesh Chander...on paragraphs 17 to 21. He has also placed strong reliance on the judgments in the case of Jagdish Chander v. Ramesh Chander...Jagdish Chander v. Ramesh Chander (Supra) and has emphasized the observation made in Jagdish Chander's case to the effect that if the terms ...
...Jagdish Chander v. Ramesh Chander [Jagdish Chander v. Ramesh Chander, (2007) 5 SCC 719] , the Supreme Court was confronted with a clause which read th...on the attributes or essential elements of arbitration agreement, the Supreme Court held as under:
(Jagdish Chander case [Jagdish Chander v.
...be referred to arbitration"
20. By relying upon Jagdish Chander v. Ramesh Chander [Jagdish Chander v. ...
...Jagdish Chander Vs. Ramesh Chander
4
(2007) 5 Supreme Court Cases 719...Jagdish Chander Vs. Ramesh Chander and others, apart from placing reliance on the following judgments.
(i) (2009) 2 Supr...Jagdish Chander Vs. Ramesh Chander and Others (2007) 5 SCC 719, the Apex Court was deali...
..., as a party to such arbitration.14. In Jagdish Chander v. Ramesh Chander (2007) 5 SCC 719 this Court held...
...Jagdish Chander v. Ramesh Chander (2007) 5 SCC 719 thus:“10. … It should not also be overlooked...
...parties to the agreement to arbitration is not obligatory but optional. The Apex Court has in Jagdish Chander Vs. Ramesh Chander...arbitration agreement which was the subject matter of the decision in Jagdish Chander Vs. Ramesh Chander and Others [2007 (5...Associates Ltd. V. Kirit Mehta [AIR 2000 SC 1379] and Jagdish Chander Vs. Ramesh Chander and Others...
...words, there is no arbitration agreement as defined in Section 7 between the parties.19. In Jagdish Chander v. Ramesh Chander...
...contentions the counsel cited Jagdish Chander v. Ramesh Chander & Ors JT 2007 (6) SC 375.7. Present petition has been filed...consenting party, when petitioner itself is pleading before the trial court time and again that an Arbitrator of its choice be appointed. The decision of Jagdish Chander (Supra) as cited by learned...
...Chander v. Ramesh Chander (2007) 5 SCC 719 in a clear exposition of law has laid down the principles to be borne in mind while interpreting an arbitration agreement under Section 7 of the Act...of the parties to refer the disputes to the named arbitrators in the agreement.14. This Court in Jagdish...
...judgment of the Supreme Court in Jagdish Chander v. Ramesh Chander, (2007) 5 SCC 719 and contended that in the absence of an agreement...the judgment Jagdish Chander v. Ramesh Chander (supra), it becomes now clear that the crucial expressions found in Clause 9 of the...now important to notice as to how the Supreme Court has dealt with the issue of existence of an arbitration clause and as to how it was to be culled out.13. In Jagdish Chander's case...
...Chander v. Ramesh Chander, (2007) 5 SCC 719 the Supreme Court held that the intention of the parties to enter into an arbitration agreement has to be gathered from the terms of the agreement. The terms...and defence in which the existence of such an agreement is alleged by one party and not denied by the other.6. In Jagdish...
...Jagdish Chander v. Ramesh Chander (2007) 5 SCC 719 wherein while dealing with the provisions and scope of Sections 7, 8 and 11 of the...
....19. In Jagdish Chander v. Ramesh Chander (2007) 5 SCC 719, this Court...
...
Jagdish Chander v. Ramesh Chander and Ors.: Civil Appeal No. 4467/2002 decided on 26.04.2007...aforementioned clause establishes any such intention on the part of the parties.
6. In Jagdish Chander v. Ramesh ...
...agreement is alleged by one party and not denied by the other.”9. In Jagdish Chander v. Ramesh Chander, (2007) 5...with the essential attributes of an arbitration agreement in terms of section 7 of the 1996 Act as well as the principles laid down under Jagdish Chander (supra). A plain reading of the above clause...the parties to arrive at a further agreement to proceed to arbitration when the dispute arises. Therefore, in view of the principles laid down in Jagdish Chander (supra), following a line of precedent...
...respondents relied upon two judgments of this Court in Wellington Associates Ltd. v. Mr. Kirit Mehta5 and Jagdish Chander v. Ramesh Chander...
...Jagdish Chander v. RameshChander & Ors., (2007) 5 SCC 719 and in view thereof, I cannot...with the Jagdish Chander (supra) judgment. Inview of the above-quoted observation reflecting the settled law of theSupreme Court in this regard, this court cannot allow...
...of this contention, he placed reliance in the judgment of Hon'ble Supreme Court in
Jagdish Chander Vs. Ramesh Chander...-Applicant : Mr. Ankit Singhal, Advocate
Hon'ble Shri Ramesh Sinha, Chief Justice Order on Board
07/07/2023...of 1996.
7. The application is devoid of any merit and is liable to be and is hereby dismissed.
Sd/-
(Ramesh Sinha) Chief Justice
...
...Jagdish Chander vs. Ramesh Chander & Ors. (2007) SCC 719, the Apex Court highlighted the attributes or essential elemen...following the dictum as laid down by the Apex Court in
Jagdish Chander vs. Ramesh Chander & Ors...Delhi only. Distinguishing Jagdish Chander, the learned Single Judge, has specifically held as under :
13/17
20...