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september 2009

Supreme Court of India · 2009-09-18

M/S. Magma Leasing & Fin. Ltd. & Anr vs Potluri Madhavilata & Anr

Citation / case number
AIR 2010 SUPREME COURT 488
Court
Supreme Court of India
Petitioner
M/S. Magma Leasing & Fin. Ltd. & Anr
Respondent
Potluri Madhavilata & Anr
Author
R.M. Lodha
Bench
R. M. Lodha, Tarun Chatterjee

Judgment text excerpt

The Supreme Court held that an arbitration agreement can survive the termination of the underlying contract, as per Section 8 of the Arbitration and Conciliation Act, 1996. The Court clarified that the existence of disputes arising from the terminated agreement necessitates referral to arbitration, emphasizing that the arbitration clause remains operative despite the contract's termination. The appeal was allowed, overturning the lower court's decision that denied the referral to arbitration.

M/S. Magma Leasing & Fin. Ltd. & Anr vs Potluri Madhavilata & Anr · Niyam