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TypeBare Act JurisdictionCentral Government

Arbitration Act, 1940 [Repealed] Section 7

Provisions in Case of Insolvecy

~1 min read
https://sooperkanoon.com/act/35780

Bare act section · Research

About this section

Arbitration Act, 1940 [Repealed] Section 7 is part of Arbitration Act, 1940 [Repealed] - Provisions in Case of Insolvecy. Read the section text below and explore Indian court judgments that cite it.

Research copy - verify against official government publications before filing or court use.

Section Text

(1) Where it is provided by a term in a contract to which an insolvent is a party that any differences arising thereout or in connection therewith shall be referred to arbitration, the said term shall, if the receiver adopts the contract, be enforceable by or against him so far as it relates to any such differences.

(2) Where a person who has been adjudged an insolvent had, before the commencement of the insolvency proceedings, become a party to an arbitration agreement, and any matter to which the agreement applies is required to be determined in connection with, or for the purpose of, the insolvency proceedings, then, if the case is one to which sub-section (1) does not apply, any other party to the agreement or the receiver may apply to the Court having jurisdiction in the insolvency proceedings for an order directing that the matter in question shall be referred to arbitration in accordance with the agreement, and the Court may, if it is of opinion that, having regard to all the circumstances of the case, the matter ought to be determined by arbitration, make an order accordingly.

(3) In this section the expression "receiver" includes an Official Assignee.

Frequently asked questions

What does Arbitration Act, 1940 [Repealed] Section 7 provide?

Section Section 7 of the Arbitration Act, 1940 [Repealed] (Provisions in Case of Insolvecy) is reproduced on this page as part of the Arbitration Act, 1940 [Repealed]. Lawyers and researchers use it to read the statutory wording before checking how courts have applied this section in reported judgments.

How do I find judgments on Arbitration Act, 1940 [Repealed] Section 7?

Open “Find citing judgments” on this page to search Supreme Court, High Court, and tribunal decisions that reference Arbitration Act, 1940 [Repealed] Section 7. Advanced act search can narrow results by court, year, or additional act filters.

Is the section text on SooperKanoon official?

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