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Supreme Court of India 2016-02-29 disposed

Axon Construction Pvt. Ltd vs Om Astha Construction Pvt. Ltd. & Ors

Bench: 2 — <UNKNOWN>, <UNKNOWN>

In Brief

A defendant in a civil suit challenged the High Court's decision dismissing a writ petition challenging an interim order on the ground that the order was appealable under the Code of Civil Procedure. Rather than deciding the jurisdictional question, the Supreme Court found the appellant's prayer reasonable: that the trial court expedite disposal of the pending Section 8 Arbitration Act application and injunction application on their merits. The Court accordingly directed the trial court to decide both applications within 6 weeks after affording parties due opportunity, thereby prioritizing substantive justice over procedural technicalities.

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Civil Procedure Arbitration Interim Orders Writ Jurisdiction

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