Section 11 Arbitration Act | Mortgagor's Subrogation Upon Debt Payment Does Not Extend To Lender's Arbitration Clause Against Borrower : Bombay HC
Bombay HC holds that a mortgagor discharging a borrower's debt cannot invoke the lender's arbitration clause against the borrower by subrogation, as mere payment does not transfer arbitration rights absent express assignment or a statutory subrogation regime extending to the arbitration agreement.