Vimal Kishor Shah Vs. Jayesh Dinesh Shah
|
Head Note
The Arbitration and Conciliation Act, 1996 - Section 11
Trust Act, 1882 - Cases arising out of Trust Deed and the Trust Act can not be decided by the arbitrator(s) - The disputes relating to Trust, trustees and beneficiaries arising out of the Trust Deed and the Trust Act are not capable of being decided by the arbitrator despite existence of arbitration agreement to that effect between the parties - The application filed by the respondents under Section 11 of the Act is not maintainable on the ground that firstly, it is not based on an "arbitration agreement" within the meaning of Sections 2(b) and 2(h) read with Section 7 of the Act and secondly, assuming that there exists an arbitration agreement (clause 20 of the Trust Deed) yet the disputes specified therein are not capable of being referred to private arbitration for their adjudication on merits.
Topic(s)-Cases arising out of Trust Deed and the Trust Act can not be decided by the arbitrator(s)