AIR 2015 SUPREME COURT 1303 ::2015 AIR SCW 1260 ::(2015) 1 WLC(SC)CVL 654 ::(2015) 3 CivLJ 194 ::2015 (14) SCC 444 ::(2015) 2 RecCivR 920 ::(2015) 2 Scale 603 ::(2015) 2 Cal LJ 20 ::2015 (110) ALR SOC 3 (SC) ::(2015) 3 Mad LW 920 ::(2015) 2 Mad LJ 380 ::(2015) 2 JLJR 313 ::(2015) 2 JCR 288 (SC) ::2015 (2) KCCR SN 180 (SC) ::(2015) 3 Pun LR 719 ::(2015) 2 All WC 1957

Supreme Court Of India

(From : Kerala)*

Hon'ble Judge(s): M. Y. Eqbal, Kurian Joseph , JJ

Arbitration and Conciliation Act (26 of 1996) , S.8— Reference to arbitration - Jurisdiction - Application duly filed in terms of S. 8 - Approach of Court should not to see whether Court still has jurisdiction - But to see whether there is ouster of jurisdiction. Once an application in due compliance of Section 8 of the Arbitration Act is filed, the approach of the civil court should be not to see whether the court has jurisdiction. It should be to see whether its jurisdiction has been ousted. There is a lot of difference between the two approaches. Once it is brought to the notice of the court that its jurisdiction has been taken away in terms of the procedure prescribed under a special statute, the Civil Court should first see whether there is ouster of jurisdiction in terms or compliance of the procedure under the special statute. The general law should yield to the special law - generalia specialibus non derogant. In such a situation, the approach shall not be to see whether there is still jurisdiction in the Civil Court under the general law. Such approaches would only delay the resolution of disputes and complicate the redressal of grievance and unnecessarily increase the pendency in the Court.(Para 15 16) .....