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Supreme Court of India

Maharashtra State Electricity Distribution Company Ltd (msedcl) v. R Z Malpani

Neutral citation
Reported as [2026] 5 S.C.R. 86
Bench J.K. Maheshwari and Atul S. Chandurkar JJ.
Decided 9 April 2026

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.

What the Court ordered

We are of the considered view that the present case is not a case of “incorporation” but a case of “reference”. As such, a general reference would not have the effect of 116 [2026] 5 S.C.R. Supreme Court Reports incorporating the arbitration clause.

Judgment, page 30

From the headnote

Issue for Consideration Whether, on a prima facie view, there exists an arbitration agreement between the parties and as such, whether the reference to arbitration u/s.11 by the High Court warrants interference by this Court. Headnotes† Arbitration and Conciliation Act, 1996 – s.7 – Arbitration Agreement – General reference in the letter of intent to an arbitration clause contained in the tender documents does not have the effect of ‘incorporation’ of the arbitration clause contained therein in the contract – High Court on application filed by the Respondent u/s.11, appointed a sole

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