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Dalbir Singh And Anr vs M/S Krisam Properties Pvt Ltd on 22 April, 2025

In the case of 'Magic Eye Developers Private Limited Vs Green Edge Infrastructure Private Limited and Others', (2023) 8 SCC 50, the Supreme Court of India was examining the jurisdiction of the referral Court at the pre-referral stage. It was held that pre-referral jurisdiction of the Court under Section 11 (6) of the 1996 Act is very narrow and primarily two inquiries have to be made, the primary inquiry being about the existence and validity of an arbitration agreement and the second being with respect to non-
Punjab-Haryana High Court Cites 43 - Cited by 0 - Full Document

Jharkhand Urja Vikas Nigam Limited ... vs M/S Rites Limited on 7 May, 2024

The learned Advocate General also referred to "Magic Eye Developers Private Limited v. Green Edge Infrastructure Private Limited and others" (2023) 8 SCC 50 to further buttress his submission that the existence and validity of an arbitration agreement are therefore to be decided at the pre- referral stage itself and as held in "N.N. Global Mercantile (P) Ltd. v. Indo Unique Flame Ltd." (2023) 7 SCC 1, that there cannot be any reference to the arbitration sans an agreement between the parties.
Jharkhand High Court Cites 29 - Cited by 0 - N Kumar - Full Document

Home And Soul Infratech Pvt. Ltd. vs Raj Krishna Construction Company Pvt. ... on 1 February, 2024

32. It is also pertinent to note that the case of Magic Eye Developers Private Limited (Supra), relied upon by the respondent considered whether the disputes fell under MOU-2 which did not contain a valid arbitration agreement or was the MOU-2 required to be read with other Agreements which contained an arbitration clause? In this factual background, the Apex Court observed that a finding on whether the Agreement was valid or not, is required to be given at the referral stage. The Impugned order which did not finally decide the issue conclusively and left it to the Arbitral Tribunal by stating that "this Court cannot finally pronounce one way or the other on this aspect", was set aside. The case does not aid the case of the respondent as in the present case there is a valid arbitral Agreement and the plea of Novation can be effectively agitated before the learned Arbitrator.
Delhi High Court Cites 6 - Cited by 0 - N B Krishna - Full Document
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