Ruling in M/S Sundaram Finance Ltd and another v T Thankam, the Supreme Court recently held that when an application is filed under section 8 of the Arbitration and Conciliation Act, 1996, the approach of a civil court “should be to see whether its jurisdiction has been ousted” and not whether it has jurisdiction.
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The dispute digest is compiled by Bhasin & Co, Advocates, a corporate law firm based in New Delhi. The authors can be contacted at lbhasin@bhasinco.in or lbhasin@gmail.com. Readers should not act on the basis of this information without seeking professional legal advice.