SBI General Insurance Co. Ltd. VS Krish Spinning

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

D. Y. CHANDRACHUD, J. B. PARDIWALA, MANOJ MISRA
SBI General Insurance Co. Ltd. – Appellant
Versus
Krish Spinning – Respondent

Advocates appeared:
For the Petitioner(s): Mr. Saurav Aggarwal, Adv. Mr. Madhav Misra, Adv. Mr. Ketan Paul, AOR Mr. Arjun Bose, Adv. Mr. Rajat Abhale, Adv. Ms. Astha Nishad, Adv. Mr. Rajat Chhabra, Adv. Mr. Shriram Chaudhary, Adv. Ms. Chakshu Purohit, Adv.
For the Respondent(s): Mr. Rakesh Malhotra, Adv. Mr. Bharat Malhotra, Adv. Mr. Kushal Malhotra, Adv. Ms. Savita Singh, AOR

Judgement Key Points

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JUDGMENT

J. B. Pardiwala, J.

For the convenience of exposition, this judgment is divided into the following parts: -

A.	FACTUAL MATRIX
B.	SUBMISSIONS ON BEHALF OF THE APPELLANT
C.	SUBMISSIONS ON BEHALF OF THE RESPONDENT
D.	ISSUES FOR DETERMINATION
E.	ANALYSIS
	i. Whether the execution of a discharge voucher towards the full and final settlement between the parties would operate as a bar to invoke arbitration?
	a. Whether the arbitration agreement contained in a substantive contract survives even after the underlying contract is discharged by "accord and satisfaction"?
	ii. What is the scope and standard of judicial scrutiny that an application under Section 11(6) of the Act, 1996 can be subjected to when a plea of "accord and satisfaction" is taken by the defendant?
	iii. What is the effect of the decision of this Court in In Re: Interplay Between Arbitration Agreements under the Arbitration and Conciliation Act 1966 and the Indian Stamp Act 1899 on the scope of powers of the referral court under Section 11 of the Act, 1996?
	a. Arbitral Autonomy
	b. Negative Competence-Compet

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D. Y. CHANDRACHUD, J. B. PARDIWALA, MANOJ MISRASBI General Insurance Co. Ltd. – AppellantVersusKrish Spinning – Respondent

Cases Referred (37)

D. Y. CHANDRACHUD, J. B. PARDIWALA, MANOJ MISRA
SBI General Insurance Co. Ltd. – Appellant
Versus
Krish Spinning – Respondent