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february 2026

Supreme Court of India · 2026-02-02

Rajia Begum vs Barnali Mukherjee

Court
Supreme Court of India
Petitioner
Rajia Begum
Respondent
Barnali Mukherjee
Author
Pamidighantam Sri Narasimha
Bench
Pamidighantam Sri Narasimha

Judgment text excerpt

The Supreme Court examined whether disputes related to a forged arbitration agreement could be referred to arbitration. The High Court had conflicting views: one proceeding directing arbitration and another refusing to appoint an arbitrator due to doubts about the agreement's existence. The Court held that when the existence of an arbitration agreement is seriously disputed on grounds of forgery and fabrication, the question of referring disputes to arbitration must be carefully scrutinized. The judgment emphasizes the importance of establishing the validity of an arbitration agreement before proceeding with arbitration.

Rajia Begum vs Barnali Mukherjee · Niyam