Supreme Court of India
Ajay Madhusudan Patel & Ors. v. Jyotrindra S. Patel & Ors.
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3 Supreme Court benches have cited this judgment.
What the Court ordered
Conclusions as follows: (i) The power exercised by the Chief Justice of the High Court or the Chief Justice of India under Section 11(6) of the Act is not an administrative power.
Judgment, page 32
From the headnote
Issue for Consideration What is the scope of jurisdiction of the referral court under Section 11(6) of the Arbitration and Conciliation Act, 1996; Whether in the instant case, on a prima facie view, the SRG Group being a non-signatory to the Family Arrangement Agreement (FAA), can be referred to arbitration. Headnotes† Arbitration and Conciliation Act, 1996 – s.11(6) – Appointment of arbitrators – Scope of jurisdiction of the referral Court: Held: SBP & Co. case expanded the scope of the Court’s power under Section 11 while empowering the referral courts to decide several preliminary issues –
Authorities it was built on
- 2008 National Insurance Co. Ltd. v. M/s. Boghara Polyfab Pvt. Ltd.
- 2005 M/s. S.B.P. and Co. v. M/s. Patel Engineering Ltd. and Anr.
- 2017 M/s. Duro Felguera, S. A. v. M/s. Gangavaram Port Limited
- 2023 In Re: Interplay Between Arbitration Agreements Under the Arbitration and Conciliation Act 1996 and the Indian Stamp Act 1899 v..
- 2020 Vidya Drolia and Others v. Durga Trading Corporation
- 2024 Sbi General Insurance Co. Ltd. v. Krish Spinning
- 2019 Garware Wall Ropes Ltd. v. Coastal Marine Constructions & Engineering Ltd.
- 2016 Sasan Power Limited v. North American Coal Corporation India Private Limited
- 2024 Cox & Kings Ltd. v. Sap India Pvt. Ltd. & Anr.
Where later benches applied it
- 2025 Asf Buildtech Private Limited v. Shapoorji Pallonji and Company Private Limited
- 2025 Hindustan Petroleum Corporation Ltd. v. Bcl Secure Premises Pvt. Ltd.
- 2025 Adavya Projects Pvt. Ltd. v. M/s Vishal Structurals Pvt. Ltd. & Ors
Of those, 1 relied on · 2 referred to
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