Hon’ble Justice Dipak Misra, while attempting to clear a ‘maze’ has perhaps created yet another in Harmony Innovation Shipping Limited v. Gupta Coal India Limited, [Civil Appeal No. 610 of 2015] .
In Harmony a fine issue came up for thought. Judgment of the Constitution Bench in BALCO was delivered on 06.09.2012. Let us suppose there is an Arbitration Agreement executed prior to that date. However, an addendum is executed between the parties after the pronouncement in BALCO. “Would the execution of the addendum attract the principles laid down in BALCO and oust the jurisdiction of the Indian Courts?” We shall have to wait for another day, another matter for an answer.