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BIREN VAISHNAV, NISHA M. THAKORE
Airport Authority Of India – Appellant
Versus
S. S. Enterprise – Respondent
JUDGMENT :
BIREN VAISHNAV, J.
1. Airport Authority of India has filed this petition under Article 227 of the Constitution of India, challenging the order dated 06.02.2023 passed below Exh.20 by the Commercial Court, Ahmedabad, in Commercial Civil Suit No.1464 of 2021 (Old Suit No.109 of 2019). The petitioner was the plaintiff before the Commercial Court. The respondent was the defendant. A suit for recovery of Rs.2,28,75,348.12 was filed by the petitioner against the defendant, wherein, on an application filed by the respondent at Exh.20 under Section 8 of the Arbitration and Conciliation Act, 1996, (hereinafter to be referred to as ‘the Arbitration Act’ for short), the Commercial Court by the impugned order allowed the application directing that the disputing context of the suit be referred to arbitration.
2. FACTS IN BRIEF:
2.1 The respondent is a proprietary concern. A tender was floated by the petitioner authority for vehicle parking rights at Sardar Vallabhbhai Patel International Airport, Ahmedabad. The bid of the respondent came to be accepted and accordingly license for the vehicles parking rights at the airport came to be issued in favour of the respondent. A license agreement
The court affirmed that allegations of fraud do not negate an arbitration agreement unless they are serious and complex, allowing the tribunal to rule on its own jurisdiction.
(1) Agreements which are not stamped or are inadequately stamped are inadmissible in evidence under Section 35 of the Stamp Act – Such agreements are not rendered void or void ab initio or unenforcea....
(1) Invocation of arbitration – Execution of discharge voucher – There is no rule of absolute kind which precludes arbitration in cases where a full and final settlement has been arrived at.(2) Invoc....
The court affirmed that objections regarding non-arbitrability of disputes are not to be considered at the pre-referral stage under Section 11(6) of the Arbitration and Conciliation Act, 1996.
The grounds of fraud and forgery alleged in the plaint do not make out any case which would prevent the matter from being decided by an Arbitral Tribunal. The Trial Court and the Appellate Court acte....
The court established that serious allegations of criminality do not automatically render partnership disputes non-arbitrable unless they permeate the entire arbitration agreement.
The court reaffirmed that the existence of an arbitration agreement must be established, and disputes should generally be referred to arbitration unless clearly non-arbitrable.
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