SUSHMA SHIVKUMAR DAGA & ANR. versus MADHURKUMAR RAMKRISHNAJI BAJAJ & ORS

SUSHMA SHIVKUMAR DAGA & ANR. versus MADHURKUMAR RAMKRISHNAJI BAJAJ & ORS

The Tripartite Agreements dated 31.03.2007 and 25.07.2008 contained broad arbitration clauses which, as the source agreements for the subsequent development agreements and the Conveyance Deed, prima facie cover the disputes raised by the appellants; the suit for cancellation is an action in personam and not in rem; the fraud allegations were bald and unsubstantiated and did not oust arbitration; accordingly, under Section 8 read with Section 16 of the Arbitration Act the courts below rightly referred the matter to arbitration and the appeal is dismissed.

Parties
Appellants: SUSHMA SHIVKUMAR DAGA & ANR.; Respondents: MADHURKUMAR RAMKRISHNAJI BAJAJ & ORS
Jurisdiction
India
Judgment Date
15 December 2023
Procedural Posture
Civil Appeal / Judgment of Supreme Court on Appeal From Bombay High Court Order Dated 10.12.2021
Outcome
Appeal dismissed
Legal Topics
Arbitrability, Section 8 Arbitration Act, Fraud in Arbitration Context, Action in Rem Vs Action in Personam, Kompetenz Kompetenz, Reference to Arbitration
Arbitration Civil Procedure Contract Law Property Law Arbitrability Section 8 Arbitration Act Fraud in Arbitration Context Action in Rem Vs Action in Personam +2 more

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Parties

SUSHMA SHIVKUMAR DAGA & ANR.

Appellants

MADHURKUMAR RAMKRISHNAJI BAJAJ & ORS

Respondents

Procedural Posture

Civil Appeal / Judgment of Supreme Court on Appeal From Bombay High Court Order Dated 10.12.2021

Legal Issues

  1. 1 Whether the Trial Court and High Court rightly referred the dispute to arbitration under Section 8 of the Arbitration and Conciliation Act, 1996
  2. 2 Whether absence of an arbitration clause in the Conveyance Deed dated 17.12.2019 or in the development agreements precludes reference to arbitration
  3. 3 Whether a suit for cancellation of a conveyance deed relating to immovable property is an action in rem and thus non-arbitrable

Ratio Decidendi

The Tripartite Agreements dated 31.03.2007 and 25.07.2008 contained broad arbitration clauses which, as the source agreements for the subsequent development agreements and the Conveyance Deed, prima facie cover the disputes raised by the appellants; the suit for cancellation is an action in personam and not in rem; the fraud allegations were bald and unsubstantiated and did not oust arbitration; accordingly, under Section 8 read with Section 16 of the Arbitration Act the courts below rightly referred the matter to arbitration and the appeal is dismissed.

Court Disposition

Appeal dismissed

Orders

  • Appeal dismissed
  • No order as to costs