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S N Prasad, Hitek Industries (Bihar) Limited vs Monnet Finance Limited and Others (2011) 1 SCC 320

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  • Arbitration and Conciliation Act, 1996 Sections 7, 11 and 34
    • Arbitration agreement - Existence of
    • Assertion under Section 7(4)(c)
    • What is - Guarantor of loan not party to loan agreements containing arbitration clause
    • ...
  • Section 2(1)(b),(h), 7, 8 and 11
    • Arbitration agreement - Reference to arbitration - Validity - Can be only with respect to parties to arbitration agreement and not the non-parties
  • Section 7
    • Arbitration agreement - Existence of - Words "Statements of claim and defence" occurring in Section 7(4)(c) - Scope
  • Section 11 and 16
    • Power of arbitrator to decide preliminary questions in cases of Chief Justice appointed arbitrator prior to Patel Engg. case (2005) 8 SCC 618
    • Appointment of arbitrator by Chief Justice
    • Power of Chief Justice to determine preliminary questions such as existence or validity of arbitration agreement
    • ....
  • Section 11 and 7
    • Preliminary objection - Matters to be considered - Dispute regarding existence of arbitrary agreement - Questions to be considered - Held, in proceedings under Section 11, what is relevant is existence of arbitrary agreement and not defence on merits.
  • Indian Contract Act, 1872 Section 128
    • Guarantee - Repayment of loan amount - Interest on - Liability - Held, guarantor not liable for interest where guarantor only guarantees repayment of principal sum