Supreme Court of India

The Branch Manager, M/s. Magma Leasing and Finance Limited and Anr. v. Potluri Madhavilata and Anr.

Neutral citation

Bench Tarun Chatterjee and R.M. Lodha JJ.

Decided 18 September 2009

INSC stands for INDIAN SUPREME COURT. A neutral citation scheme assigned by the Court itself, so a judgment can be cited without depending on a commercial law reporter. INSC is the neutral citation scheme assigned by the Supreme Court, so a judgment can be cited without depending on a commercial law reporter.

7 Supreme Court benches have cited this judgment.

From the headnote

Arbitration and Conciliation Act, 1996 - s. 8 - Hire purchase agreement entered into by respondent-hirer with c appellant-finance company in respect of motor vehicle - Agreement containing atbitration clause - Default in payment of installments by respondent - Termination of agreement by appellant - Vehicle seized from respondent - Respondent "t filed suit for recovery of possession of the vehicle - Appellant filed application u/s.8 of the Act read with s.151 CPC for referring the dispute raised in the suit, to an arbitrator - Application dismissed - Propriety of - Held: Not proper - Merely…

Authorities it was built on

1967 The Naihati Jute Mills Ltd. v. Khyaliram Jagannath cited by 8
1959 The Union of India v. Kishorilal Gupta and Bros. cited by 4

Where later benches applied it

2015 M/s. Sundaram Finance Limited and Another v. T. Thankam relied on
2016 A. Ayyasamy v. A. Paramasivam & Ors. referred to
2023 In Re: Interplay Between Arbitration Agreements Under the Arbitration and Conciliation Act 1996 and the Indian Stamp Act 1899 v.. mentioned
2018 M/s. Emaar Mgf Land Limited v. Aftab Singh mentioned
2014 World Sport Group (mauritius) Ltd. v. Msm Satellite (singapore) Pte. Ltd. mentioned
2013 M/s Young Achievers v. Ims Learning Resources Pvt. Ltd. mentioned
2014 Ranjit Kumar Bose & Anr. v. Anannya Chowdhury & Anr distinguished

Of those, 1 relied on · 1 distinguished · 1 referred to · 4 mentioned

Sign in free to read it

The full judgment, page by page, as published in the Supreme Court Reports
The ratio: what the Court held, verbatim, with the page it sits on
Every bench that relied on it, and every bench that argued against it
Search every reported judgment, by party, citation or question
Download the PDF, copy pinpoint citations ready for a filing

An email address, no password.