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Supreme Court of India

Vidya Drolia and Others v. Durga Trading Corporation

Neutral citation
Reported as [2020] 11 S.C.R. 1001
Bench N.V. Ramana, Sanjiv Khanna and Krishna Murari JJ.
Decided 14 December 2020

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.

16 Supreme Court benches have cited this judgment.

What the Court ordered

Held as under: (Justice Banumathi) “20 …Since the dispute between the parties arose in 2016, the amended provision of sub-section (6-A) of Section 11 shall govern the issue, as per which the power of the Court is confined only to examine the existence of the arbitration agreement.” Justice Kurian Joseph) “.

Judgment, page 163

From the headnote

Arbitration and Conciliation Act, 1996: ss. 8 and 11 – Jurisdiction under – Judicial review – Scope and ambit of – Held: Per Sanjiv Khanna, J. – Scope of judicial review and jurisdiction of the Court u/s. 8 and 11 is identical, but extremely limited and restricted – The court may in terfere at the stage of jurisdiction u/ss. 8 and 11, when it is man ifestly and ex facie certain that the arbitration agreement is non-existent, i nvalid or the disputes are non-arbitrable – The court can not interfere and refer the matter for arbitration when contention s relating to non-arbitrability are plainly

Authorities it was built on

Where later benches applied it

Of those, 6 relied on · 10 referred to

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