My Lord, What of paragraphs 13 & 14 in Today Homes and Infrastructure Pvt. Ltd. v. Ludhiana Improvement Trust, (2014) 5 SCC 68?
“We are not concerned with the said issue as to whether what was held in paragraph 13 of Today Homes and Infrastructure Pvt. Ltd. (supra) judgment was correct or not when it makes reference to the Seven Judge Bench decision in Patel Engineering. We are only concerned with the question whether an Arbitration Clause contained in the MoU is a stand-alone agreement or not. For that purpose, what has been stated in Today Homes and Infrastructure Pvt. Ltd. (supra) in paragraph 14 is only relevant and we find the legal position stated therein in tune with the ratio decidendi laid down consistently by this Court in very many decisions.”
– Hon’ble Justice F.M. I. Kalifulla, Ashapura Mine-Chem Ltd. v. GMDC, [Civil Appeal No. 3702 of 2015].