Motilal Oswal Financial Service Limited vs Santosh Cordeiro 2026 INSC 5 - Arbitration Act
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Arbitration and Conciliation Act 1996 - Section 11 - In a proceeding under Section 11, the Court is to confine the examination to the existence of an Arbitration Agreement - The jurisdiction is only to inspect or scrutinize the dealings between the parties for determination about the existence of an Arbitration Agreement and not to launch a laborious or a contested inquiry. (Para 15-17)
Arbitration and Conciliation Act 1996 - Creation of a specific forum as a substitute for Civil Court or specifying the Civil Court may not be enough to accept the inference of implicit non-arbitrability. Conferment of jurisdiction on a specific court or creation of a public forum though eminently significant, may not be the decisive test to answer and decide whether arbitrability is impliedly barred. (Para 21)
Presidency Small Cause Courts Act, 1882 -Section 41- Section 41 is a provision conferring jurisdiction on the Small Causes Court for certain types of disputes and cannot be interpreted to mean that ex proprio vigore (by its own force), it neutralizes arbitration clauses in agreements (Para 21)
Case Info
Case Details
- Case name: Motilal Oswal Financial Services Limited v. Santosh Cordeiro and Another.
- Neutral citation: 2026 INSC 5.
- Coram: J. B. Pardiwala; K. V. Viswanathan, J.
- Judgment date: 5 January 2026, New Delhi.
Caselaws and Citations
- Natraj Studios Private Limited v. Navrang Studios and Another, (1981) 1 SCC 523.
- Booz Allen and Hamilton Inc v. SBI Home Finance Limited and Others, (2011) 5 SCC 532.
- Vidya Drolia and Others v. Durga Trading Corporation, (2021) 2 SCC 1.
- Vidya Drolia and Others v. Durga Trading Corporation, (2019) 20 SCC 406 (referral order).
- Himangni Enterprises v. Kamaljeet Singh Ahluwalia, (2017) 10 SCC 706.
- In re Interplay Between Arbitration Agreements under Arbitration and Conciliation Act, 1996 & Stamp Act, 1899, (2024) 6 SCC 1.
- SBP & Co. v. Patel Engg. Ltd., (2005) 8 SCC 618.
- Shin-Etsu Chemical Co. Ltd. v. Aksh Optifibre Ltd., (2005) 7 SCC 234.
- Dhulabhai v. State of M.P., AIR 1969 SC 78; (1968) 3 SCR 662.
- Division Bench: Globsport India Pvt. Ltd. v. Mayfair Housing Pvt. Ltd., 2015 OnLine Bom 4176.
- Full Bench: Central Warehousing Corporation, Mumbai v. Fortpoint Automotive Pvt. Ltd., Mumbai, 2009 SCC OnLine Bom 2023.
Statutes/Laws Referred
- Arbitration & Conciliation Act, 1996: Sections 5, 7, 8, 11(6-A), 16, 34, 37.
- Indian Contract Act, 1872: Sections 10, 28.
- Presidency Small Cause Courts Act, 1882: Section 41.
- Transfer of Property Act (context in Vidya Drolia-II).
- Bombay Rents, Hotel and Lodging House Rates Control Act, 1947.
- Bombay Government Premises (Eviction) Act, 1955.
- Bombay Municipal Corporation Act.
- Maharashtra Housing and Area Development Act, 1976.
- RDB Act and SARFAESI Act (contextual mention in Vidya Drolia-II).
