Deutsche Post Bank Home Finance Ltd V Taduri Sridhar Anr
A post earlier this year discussed the decision of the supreme court in deutsche post bank home finance ltd v taduri sridhar where raveendran j took a strictly contractual view of arbitration agreements and held that only parties to an agreement could be made party to arbitral proceedings under it as a result in an arbitration between the prospective purchaser of property and the developer.
Deutsche post bank home finance ltd v taduri sridhar anr. Taduri sridhar and anr. The decision in deutsche post bank home finance ltd. Deutsche post bank home finance limited v. Taduri sridhar anr.
The owner the developer and a third party who wanted to acquire an apartment entered into an agreement for sale. 29 03 2011 arbitration and conciliation act 1996 sections 7 8 11. Taduri sridhar anr. Reportable in the supreme court of india civil appellate jurisdiction civil appeal no.
In deutsche post bank home finance ltd. Taduri sridhar anr. Aparajita srivastava in deutsche post bank home finances ltd. Taduri sridhar anr.
March 29 2011 76. 63 of 2012. V taduri sridhar and anr. And others vs rekha rani march 30 2011 79.
March 29 2011 77. Introduction facts decision comment. Mangati gopal reddy ors. The supreme court considered the duty of a court when an entity which is not a party to an arbitration agreement is involved in the arbitration proceedings.
Deutsche post bank home finance ltd. March 30 2011 78. Facts in deutsche post bank home finance ltd v taduri sridhar a developer entered into a development agreement with a land owner for the construction of independent houses and multi story apartments. Issue where there is no mention of a party in an arbitration agreement can.
Taduri sridhar and another supreme court of india 29 mar 2011 29 mar 2011. Deutsche post bank home finance ltd. Supra there was no arbitration agreement between the developer and the appellant. Air 2011 sc 1899 2011 2 arblr 1 sc 2011 2 complj 542 sc jt 2011 4 sc 45 2011 7 mlj 385 sc 2011 4 scale 33 2011 11 scc 375.
The court was of the opinion that in such cases. 2011 11 scc 375 has also been relied upon by the learned counsel for the revision petitioner where the question that arose for c r p. In deutsche post bank home finance ltd v taduri sridhar the supreme court made an important pronouncement on the scope of the duty of the courts when a person that is not a party to the arbitration agreement is impleaded under a section 11 petition under the arbitration and conciliation act 1996. 35 consideration was whether the appellant therein could be made a party to the arbitration even though the.