Allowed
M/s Idea Cellular Limited v. Hail Mohan
Telangana HCCRP/1656/2014
Case brief
AI extract
What is this about?
The court held that availing arbitration under Section 8(2) is mandatory, not optional. It set aside the trial court's order dismissing a reference to arbitration for failure to make a finding on whether the dispute was arbitral and remanded the matter.
What did the court decide?
The impugned order was set aside and the matter remanded to the trial court to record a finding on whether the dispute is an arbitral dispute and dispose of the application within four weeks.