Skip to content

CS Professional · Arbitration, Mediation and Conciliation · Arbitration under Investors' Grievances Redressal Mechanism of Stock Exchanges

Dinesh Gupta files a suit against Orbit Capital Ltd. Orbit applies under the reference provision to refer the parties to arbitration but files only a photocopy of the agreement, which is held by Dinesh, with no petition. What is the legal position?

The application cannot be entertained as filed. It must come with the original agreement or a certified copy, or, if the other party holds it, a copy together with a petition asking the court to direct production of the original or certified copy.

  1. AThe application cannot be entertained unless accompanied by the original agreement or certified copy, or, where the other party holds it, by a copy plus a petition asking the court to call for the originalCorrect
  2. BThe application is valid because a simple photocopy is enough in all cases
  3. CThe application is valid because the court must refer the parties automatically
  4. DThe application must be dismissed permanently and arbitration cannot proceed

Explanation

The application needs the original agreement or a duly certified copy. Where the other party retains it, the applicant files a copy with a petition asking the court to call upon that party to produce the original or certified copy. Orbit filed no such petition, so the application cannot be entertained as filed.

Did you get it right without looking?

One question tells you little. A timed set on Arbitration under Investors' Grievances Redressal Mechanism of Stock Exchanges shows your real accuracy, how long you take and where you lose marks.

Practise Arbitration under Investors' Grievances Redressal Mechanism of Stock ExchangesFree diagnostic mock

More Arbitration under Investors' Grievances Redressal Mechanism of Stock Exchanges questions