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1 - 10 of 12 (0.24 seconds)Section 11 in The Arbitration And Conciliation Act, 1996 [Entire Act]
Section 12 in The Arbitration And Conciliation Act, 1996 [Entire Act]
M/S N.N. Global Mercantile Private ... vs M/S Indo Unique Flame Ltd. on 11 January, 2021
82. In the facts of the present case, there is no dispute that
the respondent had entered into the agreement that
includes the arbitration clause. The dispute, essentially, is
Signature Not Verified
Digitally Signed
By:GARIMA MADAN
ARB.P. 800.2022 Page 8 of 11
Signing Date:12.09.2023
18:09:44
whether the said agreement is invalid as being part of the
fraudulent exercise by the promoters of the respondent to
siphon funds from the respondent Company. The dispute
whether the consent is vitiated on account of fraud, as
defined under Section 17 of the Contract Act, 1872, and
the agreement is voidable under Section 19 of the said Act,
is clearly a matter that can be referred to arbitration. The
said issue is no longer res integra in view of the decision of
the Supreme Court in N.N. Global Mercantile (P) Ltd.
case [N.N. Global Mercantile (P) Ltd. v. Indo Unique
Flame Ltd., (2021) 4 SCC 379 : (2021) 2 SCC (Civ) 555] .
Zostel Hospitality Pvt. Ltd. vs Oravel Stays Private Limited & Anr. on 14 February, 2022
84. It is well settled that an Arbitral Tribunal is also
competent to decide the question regarding arbitrability of
disputes. See : Zostel Hospitality (P) Ltd. v. Oravel Stays
(P) Ltd. [Zostel Hospitality (P) Ltd. v. Oravel Stays (P)
Signature Not Verified
Digitally Signed
By:GARIMA MADAN
ARB.P. 800.2022 Page 9 of 11
Signing Date:12.09.2023
18:09:44
Ltd., (2021) 9 SCC 765 : (2021) 4 SCC (Civ) 625]
and Arasmeta Captive Power Co. (P) Ltd. v. Lafarge India
(P) Ltd. [Arasmeta Captive Power Co. (P) Ltd. v. Lafarge
India (P) Ltd., (2013) 15 SCC 414 : (2014) 5 SCC (Civ)
302] ." (emphasis supplied)
Rashid Raza vs Sadaf Akhtar on 4 September, 2019
11.I have also considered the decisions in Rashid Raza (supra) and
Avantha Holdings Ltd (supra) relied upon by the respondent but find
that the same do not in any manner support the case of the respondent.
Section 9 in The Arbitration And Conciliation Act, 1996 [Entire Act]
Section 19 in The Arbitration And Conciliation Act, 1996 [Entire Act]
Section 17 in The Indian Contract Act, 1872 [Entire Act]
Avantha Holdings Ltd vs Cg Power And Industrial Solutions Ltd on 6 December, 2021
11.I have also considered the decisions in Rashid Raza (supra) and
Avantha Holdings Ltd (supra) relied upon by the respondent but find
that the same do not in any manner support the case of the respondent.