Arbitration Act, 1940
Querist :
Anonymous
(Querist) 20 June 2011
This query is : Resolved
Can one file an application u/s 41 of the Arbitration Act, 1940 while an appeal is pending against the order for reference passed u/s 20 of the said Act challenging the very existence, validity and enforceability of the purported arbitration agreement?
The order for reference u/s 20 has been stayed earlier by the Division Bench.
Raj Kumar Makkad
(Expert) 04 August 2011
No. As the matter is subjudice, no occasion to file application under section 41 of Arbitration & conciliation Act arises.