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Supreme Court of India 2016-12-14 allowed

Greaves Cotton Limited vs United Machinery and Appliances

Bench: 2 — Prafulla C. Pant

In Brief

Greaves Cotton Ltd., defendant in a suit for breach of contract, sought to refer the dispute to arbitration under the arbitration clause in its agreement with United Machinery and Appliances. The High Court rejected the arbitration application on the ground that Greaves had waived its right by moving an application for extension of time to file its written statement. The Supreme Court allowed the appeal, holding that such a procedural application does not constitute 'submission of the first statement on substance of the dispute' under the Arbitration and Conciliation Act, 1996, and therefore does not amount to a waiver of the right to arbitration.

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Arbitration and Conciliation Civil Procedure Waiver of Rights

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