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2023 Supreme(SC) 511

M. R. SHAH, C. T. RAVIKUMAR
Magic Eye Developers Pvt. Ltd. – Appellant
Versus
Green Edge Infrastructure Pvt. Ltd. & Ors. Etc. – Respondent


Advocates appeared:
For the Appellant(s) : Mr. Shaunak Kashyap, Adv. Ms. Nistha Gupta, Adv. M/S. Mitter & Mitter Co., AOR
For the Respondent(s): Ms. Rooh-e-hina Dua, AOR

JUDGMENT :

M.R. Shah, J.

1. Feeling aggrieved and dissatisfied with the impugned common judgment and order passed by the High Court of Delhi at New Delhi in respective Arbitration Petitions, by which, the High Court has referred the disputes for arbitration and has appointed the sole arbitrator, the original opponent – Magic Eye Developers Pvt. Ltd. has preferred the present appeals.

2. The issue involved in the present appeals is as such in a very narrow compass, namely, pre-referral jurisdiction of the Court under Section 11(6) of the Arbitration and Conciliation Amendment Act, 2015.

2.1 At the outset, it is required to be noted that before the High Court the appellant herein specifically raised an objection with regard to the existence of an arbitration agreement/clause. It was the case on behalf of the appellant that the dispute revolves entirely around MOU-2 which does not contain the arbitration clause. However, on the other hand, it was the case on behalf of the contesting respondent herein – original applicant that other agreement(s) i.e., SHA-1, SHA-2 and MOU-1 are interlinked/interconnected with the MOU-2 which contained the arbitration clause/agreement and therefore, all the


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