RAJIA BEGUM versus BARNALI MUKHERJEE

Case summary from SCR

Issue for Consideration Whether the disputes can be referred to arbitration or an arbitrator can be appointed when the very existence of arbitration agreement itself is seriously disputed on the allegations of forgery and fabrication; whether in the factual matrix of the case, the disputes to the arbitration u/s.8 of the Arbitration and Conciliation Act, 1996 and correspondingly whether the High Court was justified in declining the appointment of an arbitrator u/s.11 of the 1996 Act. Headnotes† Arbitration and Conciliation Act, 1996 – Impact of fraud on