Bharat Rasiklal Ashra vs Gautam Rasiklal Ashra & Anr

The Supreme Court held that under Section 11 of the Arbitration and Conciliation Act, 1996, the existence of a valid arbitration agreement is a prerequisite for appointing an arbitrator. The Court found that the appellant's claim of not executing the partnership deeds dated 6.9.1991 and 19.5.2000 was substantiated by evidence, including a letter from the firm's bankers. Consequently, the Court ruled that the disputes could not be referred to arbitration as the alleged partnership deeds were not binding on the appellant, leading to the dismissal of the first respondent's application for arbitration.