AIROnline 2018 Bom 1298

Bombay High Court

Hon'ble Judge(s): R. D. Dhanuka , J

Arbitration and Conciliation Act (26 of 1996) , S.16— Arbitral Tribunal - Jurisdiction - Matter relating to Subscription cum Shareholders Agreements(SHA / SSHA) - Plea that there was no arbitration agreement between parties - Allegedly agreed between parties that said SHA / SSHA would be read with Supplemental Agreement which having arbitration clause - Supplemental Agreement relied upon by claimants was only draft and not final agreement - Draft of Supplemental Agreement forming part of or to be read with newly executed SHA / SSHA did not arise - Order of arbitrator, not having jurisdiction over matter related to SHA / SSHA, proper (Para 208 209)