NDLI: Gujarat Composite Limited Vs. A Infrastructure Limited & Ors.

Content Provider	Supreme Court of India
e-ISSN	30484839
Language	English
Access Restriction	NDLI
Subject Keyword	1996 – s.8 – Arbitrability of the dispute in question Arbitration and Conciliation Act
Content Type	Text
Resource Type	Law Judgement
Jurisdiction	India
Act(s) Referred	Arbitration and Conciliation Act, 1996 (26 of 1996)
Case(s) Referred	Referred Case 0 Referred Case 1 Referred Case 2 Referred Case 3 Referred Case 4
Case Type	Appeal
Court	Supreme Court of India
Disposal Nature	Appeal Dismissed
Headnote	Arbitration and Conciliation Act, 1996 – s. 8 – Arbitrability of the dispute in question – Held: Except the principal licence agreement, none of the other agreements contained any arbitration clause, even if they related to the same property and also involved the appellant and the respondent No.1 – Even if the original licence agreement is said to be the genesis of the contractual relations of the appellant and the respondent No.1, that does not ipso facto lead to the availability of the arbitration agreement in relation to the dispute in question emanating from the tripartite agreement and which cannot be determined without reference to the said tripartite agreement and without involving all the parties thereto – Thus, no dispute resolution process, including arbitration, could be undertaken in relation to the subject-matter of the suit without reference to the terms of tripartite agreement and without involving the bank-respondent No.2 – This is apart from the fact that the other elements of dispute pertaining to the subsequent purchasers too cannot be resolved in any forum without reference to the tripartite agreement and its amended clause, which did not provide for arbitration – Thus, there is no doubt about non-existence of arbitration agreement in relation to the dispute in question – Substantive reliefs claimed in the suits fall outside the arbitration clause in the original licence agreement – Therefore, the view taken by the Commercial Court and the High Court in declining the prayer of the appellant for reference to arbitration u/s.8 cannot be faulted – Arbitration and Conciliation (Amendment) Act, 2015.
Judge	Hon'ble Mr. Justice Dinesh Maheshwari
Neutral Citation	2023 INSC 470
Petitioner	Gujarat Composite Limited
Respondent	A Infrastructure Limited & Ors.
SCR	[2023] 5 S.C.R. 103
Judgement Date	2023-05-01
Case Number	3259

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