Suit In The Nature Of Anti-Arbitration Injunction Is Not Maintainable

INTRODUCTION

The hon'ble High Court of Delhi, in a recent judgment titled as Dr. Bina Modi v Lalit Modi & Ors., CS (OS) 84/2020) (Delhi High Court), held that the suit in the nature of anti-arbitration injunction are not maintainable. In holding so, the Delhi High Court placed the reliance on case titled as Kvaerner Cementation India Limited v Bajranglal Agarwal (2012) 5 SCC 214 ,which has recently been cited with approval in National Aluminum Company Ltd. Vs. Subhash Infra Engineers Pvt. Ltd. 2019 SCC OnLine SC 1091, wherein the Supreme Court held that if the plaintiff therein wanted to raise an objection with regard to the existence or validity of the Arbitration Agreement, it was open for parties to move an application before the Arbitrator but with such plea the parties cannot maintain a suit for declaration and injunction.