Supreme Court of India

Rashid Raza v. Sadaf Akhtar

Neutral citation
Reported as [2019] 12 S.C.R. 460
Bench R. F. Nariman, R. Subhash Reddy and Surya Kant JJ.
Decided 4 September 2019

INSC stands for INDIAN SUPREME COURT. A neutral citation scheme assigned by the Court itself, so a judgment can be cited without depending on a commercial law reporter. INSC is the neutral citation scheme assigned by the Supreme Court, so a judgment can be cited without depending on a commercial law reporter.

4 Supreme Court benches have cited this judgment.

What the Court ordered

We are of the view that the disputes raised between the parties are arbitrable and, hence, a Section 11 appl ication under the Arbitration Act would be maintainable.

Judgment, page 4

From the headnote

Arbitration and Conciliation Act, 1996: s. 11 – Appoi ntment of arbitrator – Partnership deed between the parties – Partner ship dispute – FIR by one of the partners alleging sipho ning of funds and various business improprieties – Application u/ s. 11 for appointment of arbitrator under the arbitration clause – Dis missal of the application – On appeal, held: There is distinc tion between serious allegations of forgery/fabrication in support of the plea of fraud as opposed to “simple allegations” – Two workin g tests are whether the plea permeate the entire contract and a bove all, the

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