Supreme Court of India · 2023-12-15
SUSHMA SHIVKUMAR DAGA vs MADHURKUMAR RAMKRISHNAJI BAJAJ
- Citation / case number
- SC 2022/1164
- Court
- Supreme Court of India
- Petitioner
- SUSHMA SHIVKUMAR DAGA
- Respondent
- MADHURKUMAR RAMKRISHNAJI BAJAJ
- Author
- HON'BLE MR. JUSTICE SUDHANSHU DHULIA
- Bench
- HON'BLE MR. JUSTICE SUDHANSHU DHULIA HON'BLE MR. JUSTICE M.M. SUNDRESH
Judgment text excerpt
The Supreme Court examined whether the disputes in a civil suit involving property transactions and development agreements were arbitrable under the Arbitration & Conciliation Act, 1996. The lower courts had referred the matter to arbitration based on arbitration clauses in certain agreements, but the appellants challenged this, arguing the dispute was not arbitrable or lacked an arbitration clause in the conveyance deed. The Court focused on the nature of the dispute and the existence of arbitration clauses to determine arbitrability. The Court upheld the referral to arbitration, emphasizing the importance of arbitration clauses in such disputes.