Absence of recital in the agreement as to which disputes were to be referred to the Arbitrator and not excluding certain claims/disputes from the purview thereof - Held, it must be presumed that the parties had agreed to submit to arbitration all disputes which have arisen or which may arise between them in respect of defined legal relationship - A view to the contrary would render such an arbitration agreement redundant.
2010(4) Civil Court Cases 864 (Bombay)
Res judicata -Essential ingredients for the applicability of S.11 CPC are : (i) The matter must be directly and substantially in issue in the former suit and in the later suit; (ii) The prior suit should be between the same parties or persons claiming under them; (iii) Parties should have litigated under the same title in the earlier suit; (iv) The matter in issue in the subsequent suit must have been heard and finally decided in the first suit; (v) The court trying the former suit must have been competent to try particular issue in question - To define and clarify the principle contained in Section 11 of the Code, eight Explanations have been provided.
2010(4) Civil Court Cases 905 (S.C.) : 2010(3) Apex Court Judgments 545 (S.C.)
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