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Supreme Court of India 2018-05-03 allowed

Ameet Lalchand Shah and Others vs Rishabh Enterprises and Another

Bench: 2 — R. Banumathi

In Brief

Rishabh Enterprises and others sued three defendants regarding a solar power plant project in Uttar Pradesh, alleging fraud and seeking declaration that four interconnected agreements were void, with claims for recovery and damages. Defendants invoked arbitration clauses in three agreements. The lower courts refused arbitration, noting one agreement lacked an arbitration clause. The Supreme Court held that four separate agreements forming part of a single composite commercial project could be collectively referred to arbitration despite one lacking an arbitration clause. The Court ruled that mere allegations of fraud are insufficient to refuse arbitration; only serious, complex fraud allegations warrant refusal. The appeal was allowed and all parties were referred to arbitration.

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Arbitration Contract Law Fraud Composite Transactions

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