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Supreme Court Weekly Round Up [April 5 To April 11, 2021]

IMPORTANT JUDGMENTS THIS WEEK1. Petition Styled As One Under Article 226 Would Not Bar High Court To Exercise Its Jurisdiction Which Otherwise It Possesses: Supreme CourtCase: Kiran Devi Vs. Bihar. ....

Jammu And Kashmir , India General , West Bengal , Uttar Pradesh , Mamata Banerjee , Param Bir Singh , Justice Bopanna , Justcev Eswaraiah , Seema Kukreja , Justice Ashok Bhushan , Sanjay Kishan Kaul , Lok Prahari , S Abdul Nazeer , Gali Janardhan Reddy , Akash Sharma , Hrishikesh Roy , Mukul Rohatgi , Bharat Parashar , Girish Chodankar , Sunni Wakf , Shubham Awasthi , Anil Deshmukh , Arun Bhardwaj , Gurdev Singh , Justice Ramasubramanian , Hemant Gupta ,

Question Of Novation Of Contract Cannot Be Considered In A Petition Under Section 11 Arbitration Act: Supreme Court

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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[which contained the arbitration clause] ceased to exist on and from the date of the Shareholders Agreement which superseded the aforesaid MoU and novated the same.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 Kukreja , Hrishikesh Roy , Justice Aftab Alam , Vidya Drolia , Supreme Court , Apex Court , Durga Trading Corporation , High Court , Shareholder Agreement , Contract Act , Trading Corporation , Arbitration Act , Sanjiv Prakash , சீமா கூகிறெஜா , ரிஷிகேஷ் ராய் , வித்யா திரொலிய , உச்ச நீதிமன்றம் , உச்சம் நீதிமன்றம் , துர்கா வர்த்தக நிறுவனம் , உயர் நீதிமன்றம் , ஒப்பந்த நாடகம் , வர்த்தக நிறுவனம் , நடுவர் நாடகம் , சஞ்சீவ் பிரகாஷ் ,

Does An Arbitration Clause Survive Novation Of An Agreement? - Corporate/Commercial Law

Introduction:
Sanjiv Prakash v. Seema Kukreja &
Ors.
1, the Delhi High Court has
reiterated that novation of an agreement would necessarily result
in destruction of the arbitration clause contained therein. In this
regard, it was observed that an arbitration agreement being a
creation of an agreement may be destroyed by agreement.
Facts of the case:
Respondent No. 3 had incorporated a company in 1971, under the
name of Asian Films Laboratories Private Limited, which was
subsequently renamed as ANI Media Private Limited in 1997
( Company ). The shareholders of the
said Company were Respondent No. 3 s son
( Petitioner ) and his daughter and wife
( Respondent No. 1 and ....

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