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may 2023

Supreme Court of India · 2023-05-12

MAGIC EYE DEVELOPERS PVT. LTD. vs M/S. GREEN EDGE INFRASTRUCTURE PVT. LTD.

Citation / case number
SC 2021/26681
Court
Supreme Court of India
Petitioner
MAGIC EYE DEVELOPERS PVT. LTD.
Respondent
M/S. GREEN EDGE INFRASTRUCTURE PVT. LTD.
Author
HON'BLE MR. JUSTICE M.R. SHAH
Bench
HON'BLE MR. JUSTICE C.T. RAVIKUMAR HON'BLE MR. JUSTICE M.R. SHAH

Judgment text excerpt

The Supreme Court examined the scope of the Court's pre-referral jurisdiction under Section 11(6) of the Arbitration and Conciliation Amendment Act, 2015, in a case where the existence of an arbitration agreement was disputed. The Court analyzed whether interconnected agreements containing arbitration clauses could be read together to establish arbitrability. Relying on precedents such as Vidya Drolia, the Court emphasized the importance of the existence of an arbitration agreement for referring disputes to arbitration. The Court ultimately clarified the criteria for exercising jurisdiction under Section 11(6) and upheld the High Court's decision to refer the disputes for arbitration.

MAGIC EYE DEVELOPERS PVT. LTD. vs M/S. GREEN EDGE INFRASTRUCTURE PVT. LTD. · Niyam