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september 2009

Supreme Court of India · 2009-09-18

M/S. MAGMA LEASING & FIN. LTD. vs POTLURI MADHAVILATA

Citation / case number
SC 2007/60347
Court
Supreme Court of India
Petitioner
M/S. MAGMA LEASING & FIN. LTD.
Respondent
POTLURI MADHAVILATA

Judgment text excerpt

The Supreme Court upheld the dismissal of the revision petition, affirming that upon termination of the hire purchase agreement, the arbitration agreement does not survive. The Court referenced the principles established in Heyman v. Darwins Ltd., emphasizing that an arbitration clause is only applicable if the parties acknowledge the existence of a binding contract. The Court concluded that since the hirer did not appear to contest the ruling, the dismissal stands.

M/S. MAGMA LEASING & FIN. LTD. vs POTLURI MADHAVILATA · Niyam