VidhiSangh

Supreme Court of India · 05/09/2019

M/S MAYAVTI TRADING PVT. LTD. versus PRADYUAT DEB BURMAN

[2019] 12 S.C.R. 123 · 2019 INSC 1008

AI-generated headnote. Verify against the judgment before relying on it. Paragraph numbers refer to the judgment.

Summary

While declining interference with the impugned decision on the case’s facts, the Court clarified the limited inquiry under Section 11(6A) of the Arbitration Act. The 2015 amendment confined appointment-stage examination to the existence of an arbitration agreement and displaced the earlier approach permitting determination of accord and satisfaction. United India Insurance v. Antique Art Exports was overruled, although the appeal itself was dismissed.

Issues

  1. Whether Section 11(6A) permitted appointment-stage determination of accord and satisfaction.
  2. Whether Antique Art Exports correctly interpreted the amended inquiry.

Provisions considered

Held

Result

The appeal was dismissed. The trial court’s status quo order was extended for one week to enable the appellant to pursue other proceedings.

Judgment PDF: Supreme Court of India, [2019] 12 S.C.R. 123.