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Share This - x The Supreme Court observed that the question of novation of contract containing an arbitration clause cannot be considered by the Court in a petition filed under Section 11 of the Arbitration and Conciliation Act. Detailed arguments on whether an agreement which contains an arbitration clause has or has not been novated cannot possibly be decided in exercise of a limited prima facie review as to whether an arbitration agreement exists between the parties, the bench comprising Justices RF Nariman, BR Gavai and Hrishikesh Roy said. The Court was considering an appeal against dismissal of a petition under Section 11 of the Act filed before the High Court of Delhi. The High Court was of the view that the memorandum of understanding [which contained the arbitration clause] ceased to exist on and from the date of the Shareholders Agreement which superseded the aforesaid MoU and novated the same.

Seema kukrejaHrishikesh royJustice aftab alamVidya droliaSupreme courtApex courtDurga trading corporationHigh courtShareholder agreementContract actTrading corporationArbitration actSanjiv prakashசீமா கூகிறெஜாரிஷிகேஷ் ராய்வித்யா திரொலிய