A Hindu wife files a petition against her husband for dissolution of marriage by a decree of divorce. Immediately after service of summons of the petition and before the filing of written statement the defendant files an application under Section 8 of the Arbitration & Conciliation Act for reference to arbitration in accordance with the arbitration clause in a Settlement Agreement signed by the parties when on an earlier occasion police complaints were made against each other. The wife admits the Arbitration Agreement which encompasses all disputes and differences of any kind between the parties. The Court shall:
A. Allow the application under Section 8 and refer the parties to arbitration
B. Dismiss the application and proceed with the petition
C. Adjourn sine die further proceedings in the divorce petition
D. Dismiss the divorce petition and direct the husband to invoke the arbitration clause before the appropriate forum
Answer: Option B
Which of the Sections provide for the number of conciliations:
A. Section 63
B. Section 64
C. Section 65
D. Section 66
A. M.M.T.C. Ltd. v. Sterlite Industries (India) Ltd.
B. Sunderam Finance Ltd. v. N.E.P.C. Ltd.
C. Olympus Super structures Pvt. Ltd. v. Meera Vijay
D. Orma Impex Pvt. Ltd. v. Nissari Pvt. Ltd.
A. Is void and non-actionable
B. Is to be construed as being of reference of disputes to a sole arbitrator
C. Is to be construed as being of reference of disputes to three arbitrators
D. Is to be construed as being of reference of disputes to five arbitrators with the fifth arbitrator being nominated by the two arbitrators of each party
While considering the grant of interim measures, the Court may see whether:
A. The applicant has made prima facie case
B. The balance of convenience is in his favour
C. He would suffer irreparable injury if such measures are not granted
D. All of the above
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