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.

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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.

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