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M/S. Magma Leasing & Fin. Ltd. & Anr vs Potluri Madhavilata & Anr on 18 September, 2009

In Branch Manager, M/s Magma Leasing & Finance Ltd., & Anr. versus Potluri Madhavilata & Anr. AIR 2010 SC 488, it was held by the Hon'ble Supreme Court that arbitration clause is a collateral term in the contract which relates to resolution of disputes, and not performance. Therefore, even if the performance of the ::: Downloaded on - 15/04/2017 19:16:52 :::HCHP 5 contract comes to an end on account of repudiation, frustration or breach of contract, the arbitration agreement would survive for the .
Supreme Court of India Cites 13 - Cited by 150 - R M Lodha - Full Document

M/S Sundaram Finance Limited And Anr vs T. Thankam on 20 February, 2015

19. Once, it is held that the suit infact arises out of breach of covenant of the partnership deed which as on date stands dissolved, then as per the ratio of the judgments laid down by the Hon'ble Supreme Court in Ravi Prakash Goel, M/s Magma Leasing and Finance, M/s Reva Electric Car and M/s Sundaram Finance Limited (supra), the suit is not maintainable and is required to be referred to the Arbitrator.
Supreme Court of India Cites 11 - Cited by 112 - Full Document
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