JAWAHARLAL, BURMAN vs UNION OF INDIA

The Supreme Court held that under Section 28 and Section 33 of the Arbitration Act, 1940, a party affirming the existence of an arbitration agreement cannot seek a declaration regarding its existence. The Court clarified that while a party can apply for a determination of the effect of the arbitration agreement, it cannot challenge its existence if it affirms the agreement. The High Court's ruling that there was a concluded contract with a valid arbitration agreement was upheld, and the appellant's plea regarding jurisdiction was dismissed.