DLF HOME DEVELOPERS LIMITED V. RAJAPURA HOMES PRIVATE LIMITED & ANR., (SEPTEMBER 2021).

DLF HOME DEVELOPERS LIMITED V. RAJAPURA HOMES PRIVATE LIMITED & ANR., (SEPTEMBER 2021).

A Bench comprising the Chief Justice N.V. Ramana and Justice Surya Kant held that the Supreme Court or the High Courts are not expected to act mechanically merely to deliver a purported dispute raised by an applicant at the doors of the chosen Arbitrator. On the contrary, the Court(s) are obliged to apply their mind to the core preliminary issues, albeit, within the framework of Section 11(6-A) of the Arbitration Act. Such a review is not intended to usurp the jurisdiction of the Arbitral Tribunal but is aimed at streamlining the process of arbitration. The Bench further held that even when an arbitration agreement exists; it would not prevent the Court to decline a prayer for reference if the dispute in question does not correlate to the said agreement.