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.