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06 April 2021 | Sanjiv Prakash v Seema Kukreja and others | RF Nariman, BV Gavai and Hrishikesh Roy JJ | 2021 SCC OnLine 282
The High Court had refused to appoint an arbitrator saying that since the agreement containing the arbitration clause was novated, the arbitration clause also fell with it.
Also, the case did not fall “within the category of cases which ousts arbitration all together, such as matters which are in rem proceedings or cases which, without doubt, concern minors, lunatics or other persons incompetent to contract.”
Read the judgment here.