VidhiSangh

Supreme Court of India · 15/12/2023

SUSHMA SHIVKUMAR DAGA & ANR. versus MADHURKUMAR RAMKRISHNAJI BAJAJ & ORS

[2023] 15 S.C.R. 909 · 2023 INSC 1081

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

Summary

The Supreme Court upheld referral to arbitration of a suit challenging a conveyance and termination of development agreements. The broad arbitration clauses in the foundational tripartite agreements covered the derivative transactions. Cancellation relief was an action in personam, and an unsubstantiated fraud allegation did not make the dispute non-arbitrable.

Issues

  1. Whether arbitration clauses in the foundational tripartite agreements covered later development agreements and the conveyance despite the absence of a separate clause there.
  2. Whether cancellation relief or the pleaded fraud made the dispute non-arbitrable.

Provisions considered

Held

Result

Appeal dismissed. The trial court’s referral under Section 8 and the High Court’s refusal to interfere were upheld. No order as to costs.

Judgment PDF: Supreme Court of India, [2023] 15 S.C.R. 909.