w w w . L a w y e r S e r v i c e s . i n



Rajasthan Housing Board v/s Engineering Projects (India) Ltd. & Another

    Civil Revision Petition No. 1270 of 1998

    Decided On, 29 April 1999

    At, High Court of Rajasthan Jaipur Bench

    By, THE HONOURABLE MR. JUSTICE SHIV KUMAR SHARMA

    For the Appellant: Paras Kuhmad, Advocate. For the Respondent: M.R. Singhvi, Advocate.



Judgment Text

1. The meaningful question that falls for consideration in the instant revision is whether a void condition of agreement is severable from the main agreement or it renders entire agreement as void ?

2. This question arises in circumstances set out below.

3. The petitioner filed an application u/s 33 of the Arbitration Act, 1940 (in short the Act of 1940) inter alia questioning the validity of Article 14 of the Memorandum of Understanding dated 18-8-1989 (in short the MOU) initiated by Shri Shiv Prakash, respondent No. 2, at the instance of the