Skip to content

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

In a suit by Harsh Traders against Nilgiri Equities, Nilgiri applies under section 8 to refer the dispute to arbitration but only has a photocopy of the agreement; the original is held by Harsh Traders. What must Nilgiri do for the application to be entertained?

Nilgiri should file the application with a copy of the arbitration agreement along with a petition praying the court to call upon Harsh Traders to produce the original or a certified copy. This is the proviso to section 8(2) where the other party retains the original.

  1. AFile the application with the photocopy alone; no further step is needed
  2. BWait until Harsh Traders voluntarily files the original
  3. CFile the application with a copy of the agreement and a petition asking the court to call upon Harsh Traders to produce the original or certified copyCorrect
  4. DWithdraw the application, since section 8 cannot be used without the original in the applicant's hands

Explanation

Section 8(2) requires the original or a certified copy, but its proviso allows a party who lacks it, because the other party retains it, to file a copy plus a petition asking the court to call for production. A bare photocopy is insufficient, and the section does not bar the application.

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