A suit for enforcement of a mortgage being the enforcement of a right in rem, will have to be decided by courts of law and not by Arbitral Tribunals – Booz Allen and Hamilton Inc. Vs. SBI Home Finance Ltd. & Ors. – Supreme Court
This judgment covers:
(i) Whether filing a counter to an application for temporary injunction can be considered as submitting the first statement on the substance of the dispute.
(ii) Time limit for filing an application under section 8 of Arbitration and Conciliation Act, 1996.
(iii) The issue of ‘arbitrability’ arises in the context of an application under section 8.
(iv) The three facets of arbitrability, relating to the jurisdiction of the Arbitral Tribunal.
(v) Arbitrable Dispute and Non-Arbitrable Dispute.
(vi) Definition of Judgment in personam and Judgment in rem and referable to arbitration.
(vii) An agreement to sell or an agreement to mortgage not right in rem but enforcement of a mortgage a right in rem.