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december 2023

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.

SUSHMA SHIVKUMAR DAGA vs MADHURKUMAR RAMKRISHNAJI BAJAJ · Niyam