original contract has no legal existence, the arbitration
clause also cannot operate, for along with the original contract, it
is also void; in the latter ... that the entire contract itself is void, illegal and fraudulent, the
entire contract along with the arbitration clause becomes non est;
this is clearly
void, the arbitration clause cannot operate, for along with the
original contract, the arbitration agreement is also void. Similarly,
though the contract was validly executed ... revert back to the original contract; (iv)
original contract can be revived either when the contract is
unenforceable or void or when the terms
void, the arbitration
clause cannot operate, for along with the original contract,
the arbitration agreement is also void. Similarly, though the
contract was validly executed ... earlier
contract, falls with it. But where the dispute is whether such
contract is void ab intio, the arbitration clause cannot
operate on those disputes
contract. The contract is still in existence for certain purposes. But where the dispute is whether the said contract is void abolition the arbitration clause ... contract, it is open to the other party to plead, inter alia, that the contract, on the basis of which arbitration is sought, is void
alleged arbitration agreement and in any case the contract being void the alleged arbitration agreement and/or Gafta 119 Contract provisions ceased to exist ... Gafta 119 Contract was not incorporated in the contract between the parties and thus there was no arbitration agreement; (ii) The arbitration agreement was without
void, the arbitration
clause cannot operate, for along with the original
contract, the arbitration agreement is also void. Similarly,
though the contract was validly executed ... main contract (other than the
arbitration clause) is null and void. The arbitration
agreement survives for determining whether the contract
Signature Not Verified
Digitally Signed
taken that there was no valid contract as the contract relied was void and non-est and consequently arbitration agreement in question was also void ... original contract has no legal existence, the arbitration clause also cannot operate for alongwith the original contract, it is also void.
11. The same principle
Sanjiv Prakash vs Seema Kukreja & Ors. on 22 October, 2020
Author: V. Kameswar Rao
making a reference to
arbitration by their contract. The plea of the petitioners that such a
contract was void owing to Section ... contract requiring
the demand for arbitration to be made within 90 days, to be violative
of Section 28 of the Contract Act and thus void
favor of the appellant on the ground that the contract, which contained arbitration agreement, is void, because of which there is no agreement to refer ... appearing for the respondent has urged that the contract being void, along with it fell the arbitration agreement contained in the contract, because of which
