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2022 (11) TMI 1086 - SC - Indian LawsAppointment of arbitrator - Novation of share purchase agreement - Non-existence of arbitration clause no longer existed so as to resolve the dispute between the parties through arbitration - Tripartite Agreement - HELD THAT:- The High Court was not right in dismissing the petition under Section 11(6) of the Act of 1996 filed by the appellant herein by giving a finding on novation of the Share Purchase Agreement between the parties as the said aspect would have a bearing on the merits of the controversy between the parties. Therefore, it must be left to the Arbitrator to decide on the said issue also. Hence, the impugned judgment and order passed by the High Court has to be set aside. Application allowed.
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