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1 - 10 of 11 (0.39 seconds)Section 8 in The Arbitration And Conciliation Act, 1996 [Entire Act]
The Arbitration And Conciliation Act, 1996
The Indian Stamp Act, 1899
Article 31 in Constitution of India [Constitution]
Article 32 in Constitution of India [Constitution]
Section 16 in The Arbitration And Conciliation Act, 1996 [Entire Act]
Vidya Drolia vs Durga Trading Corporation on 14 December, 2020
117. In view of the observations made by this Court in Interplay
Between Arbitration Agreements under the Arbitration Act, 1996
& the Stamp Act, 1899, In re, (2024) 6 SCC 1, it is clear that the
scope of enquiry at the stage of appointment of arbitrator is limited
to the scrutiny of prima facie existence of the arbitration
agreement, and nothing else. For this reason, we find it difficult to
hold that the observations made in Vidya Drolia v. Durga Trading
Corpn., (2021) 2 SCC 1 and adopted in NTPC Ltd. v. SPML Infra
Ltd., (2023) 9 SCC 385 that the jurisdiction of the Referral Court
when dealing with the issue of "accord and satisfaction" under
Signature Not Verified
Digitally Signed
By:HARVINDER KAUR
ARB.P. 664/2026 Page 4 of 8
BHATIA
Signing Date:23.05.2026
11:36:34
Section 11 extends to weeding out ex facie non-arbitrable and
frivolous disputes would continue to apply despite the subsequent
decision in Interplay Between Arbitration Agreements under the
Arbitration Act, 1996 & the Stamp Act, 1899, In re, (2024) 6 SCC
1.
****
Ntpc Ltd. vs M/S Spml Infra Ltd. on 10 April, 2023
117. In view of the observations made by this Court in Interplay
Between Arbitration Agreements under the Arbitration Act, 1996
& the Stamp Act, 1899, In re, (2024) 6 SCC 1, it is clear that the
scope of enquiry at the stage of appointment of arbitrator is limited
to the scrutiny of prima facie existence of the arbitration
agreement, and nothing else. For this reason, we find it difficult to
hold that the observations made in Vidya Drolia v. Durga Trading
Corpn., (2021) 2 SCC 1 and adopted in NTPC Ltd. v. SPML Infra
Ltd., (2023) 9 SCC 385 that the jurisdiction of the Referral Court
when dealing with the issue of "accord and satisfaction" under
Signature Not Verified
Digitally Signed
By:HARVINDER KAUR
ARB.P. 664/2026 Page 4 of 8
BHATIA
Signing Date:23.05.2026
11:36:34
Section 11 extends to weeding out ex facie non-arbitrable and
frivolous disputes would continue to apply despite the subsequent
decision in Interplay Between Arbitration Agreements under the
Arbitration Act, 1996 & the Stamp Act, 1899, In re, (2024) 6 SCC
1.
****