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Head Note

The Arbitration and Conciliation Act, 1996  - Section 8

Scope of - Consider - Licence agreements between the parties - A tripartite deposit agreement was entered among RV Appliances and Capstone as the first party, appellant as the second party and SBI as the third party - Mortgage suit filed by the SBI - Appellant took out a notice of motion praying that the parties to the suit be referred to arbitration as provided in the deposit agreement - High Court dismissed the application - Appeal - A suit for enforcement of a mortgage being the enforcement of a right in rem, will have to be decided by courts of law and not by arbitral tribunals - A decree for sale of a mortgaged property requires the court to protect the interests of persons other than the parties to the suit/petition and empowers the court to entertain and adjudicate upon rights and liabilities of third parties - A suit for sale, foreclosure or redemption of a mortgaged property, should only be tried by a public forum, and not by an arbitral tribunal - Even if some of the issues or questions in a mortgage suit are arbitrable or could be decided by a private forum, the issues in a mortgage suit cannot be divided - Dismissal of the application under section 8 of the Act, 1996 upheld - Appeal dismissed.

Topic(s)-Licence agreements

Important Decision(s)- A suit for sale, foreclosure or redemption of a mortgaged property, should only be tried by a public forum, and not by an arbitral tribunal.