NDLI: Sanjiv Prakash Vs. Seema Kukreja and Ors.

Content Provider	Supreme Court of India
e-ISSN	30484839
Language	English
Access Restriction	NDLI
Subject Keyword	1996: s. 11 Arbitration and Conciliation Act
Content Type	Text
Resource Type	Law Judgement
Jurisdiction	India
Case(s) Referred	Referred Case 0 Referred Case 1 Referred Case 2 Referred Case 3 Referred Case 4 Referred Case 5 Referred Case 6 Referred Case 7 Referred Case 8
Case Type	Appeal
Court	Supreme Court of India
Disposal Nature	Appeal Disposed Off
Headnote	Arbitration and Conciliation Act, 1996: s. 11 – Power of court u/s. 11 – Scope of – Novation of contract – Plea of – On facts, father formed a private company from his personal funds and distributed the shares among his family members without any consideration – Foreign company approached the father for long- term equity investment and collaboration – Pursuant thereto, family members-appellant and respondents entered into Memorandum of Understanding(MoU), wherein disputes arising in connection thereto were to be referred to an arbitrator – Thereafter, a Shareholders’ Agreement (SHA) and Share Purchase Agreement (SPA) entered into between the family members and the foreign Company, and both SHA and SPA contained an arbitration clause – Dispute between the parties over transfer of shareholding – Notice by appellant-son, invoking arbitration clause contained in the MoU against the respondents – However, reply by the respondents that the MoU ceased to exist on and from the date of the SHA, which superseded and novated the same – Petition u/s. 11 by the appellant – Dismissed by the Single Judge, holding that an arbitration clause of the MoU having perished the MoU owing to novation, invocation of arbitration under the MoU not justified – On appeal, held: Whether the MoU has been novated by the SHA requires a detailed consideration of the clauses of the two Agreements, together with the surrounding circumstances in which these Agreements were entered into, and a full consideration of the law on the subject – It cannot be done, given the limited jurisdiction of a court u/s. 11 – Detailed arguments whether an agreement which contains an arbitration clause has or has not been novated cannot possibly be decided in exercise of a limited prima facie review as to whether an arbitration agreement exists between the parties – Section 11 – court would refer the matter when contentions relating to non-arbitrability are plainly arguable, or when facts are contested – Instant case does not fall within the category of cases which oust arbitration altogether – More so, the Court at this stage is not empowered to determine by way of a mini-trial, the validity of the arbitration agreement – It would usurp the jurisdiction of the arbitral tribunal – Thus, the judgment of the High Court set aside – Matter referred to the sole arbitrator to decide the dispute between the parties – Contract Act, 1872 – s. 62.
Judge	Hon'ble Mr. Justice R.F. Nariman
Neutral Citation	2021 INSC 229
Petitioner	Sanjiv Prakash
Respondent	Seema Kukreja And Ors.
SCR	[2021] 4 S.C.R. 44
Judgement Date	2021-04-06
Case Number	975

Sl.	Authority	Responsibilities	Communication Details
1	Ministry of Education (GoI), Department of Higher Education	Sanctioning Authority	https://www.education.gov.in/ict-initiatives
2	Indian Institute of Technology Kharagpur	Host Institute of the Project: The host institute of the project is responsible for providing infrastructure support and hosting the project	https://www.iitkgp.ac.in
3	National Digital Library of India Office, Indian Institute of Technology Kharagpur	The administrative and infrastructural headquarters of the project	Dr. B. Sutradhar bsutra@ndl.gov.in
4	Project PI / Joint PI	Principal Investigator and Joint Principal Investigators of the project	Dr. B. Sutradhar bsutra@ndl.gov.in Prof. Saswat Chakrabarti will be added soon
5	Website/Portal (Helpdesk)	Queries regarding NDLI and its services	support@ndl.gov.in
6	Contents and Copyright Issues	Queries related to content curation and copyright issues	content@ndl.gov.in
7	National Digital Library of India Club (NDLI Club)	Queries related to NDLI Club formation, support, user awareness program, seminar/symposium, collaboration, social media, promotion, and outreach	clubsupport@ndl.gov.in
8	Digital Preservation Centre (DPC)	Assistance with digitizing and archiving copyright-free printed books	dpc@ndl.gov.in
9	IDR Setup or Support	Queries related to establishment and support of Institutional Digital Repository (IDR) and IDR workshops	idr@ndl.gov.in

Sanjiv Prakash Vs. Seema Kukreja and Ors.

Please Log-in to view this content

Municipal Corporation, Jabalpur and Ors. Vs. M/s. Rajesh Constructions Co.

Enercon (india) Ltd. & Ors. Vs. Enercon Gmbh & Anr.

Nhpc Limited Vs. M/s Patel Engineering Limited

M/s Kaikara Construction Company Vs. State of Kerala and Ors.

M/s. Everest Holding Ltd. Vs. Shyam Kumar Shrivastava & Ors.

Ludhiana Improvement Trust & Another Vs. M/s. Today Homes and Infrastructure (pvt.) Limited

M/s. Som Datt Builders Ltd. Vs. State of Kerala

Swadesh Kumar Agarwal Vs. Dinesh Kumar Agarwal & Ors, Etc., Etc.

Northern Railway Administration, Ministry of Railway, New Delhi Vs. Patel Engineering Company Ltd.

Sanjiv Prakash Vs. Seema Kukreja and Ors.

Sanjiv Prakash Vs. Seema Kukreja and Ors.

Please Log-in to view this content

Similar Documents

Municipal Corporation, Jabalpur and Ors. Vs. M/s. Rajesh Constructions Co.

Enercon (india) Ltd. & Ors. Vs. Enercon Gmbh & Anr.

Nhpc Limited Vs. M/s Patel Engineering Limited

M/s Kaikara Construction Company Vs. State of Kerala and Ors.

M/s. Everest Holding Ltd. Vs. Shyam Kumar Shrivastava & Ors.

Ludhiana Improvement Trust & Another Vs. M/s. Today Homes and Infrastructure (pvt.) Limited

M/s. Som Datt Builders Ltd. Vs. State of Kerala

Swadesh Kumar Agarwal Vs. Dinesh Kumar Agarwal & Ors, Etc., Etc.

Northern Railway Administration, Ministry of Railway, New Delhi Vs. Patel Engineering Company Ltd.

Sanjiv Prakash Vs. Seema Kukreja and Ors.