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august 1959

Supreme Court of India · 1959-08-21

SHIVA JUTE BALING LIMITED vs HINDLEY AND COMPANY LIMITED

Citation / case number
SC 1955/33
Court
Supreme Court of India
Petitioner
SHIVA JUTE BALING LIMITED
Respondent
HINDLEY AND COMPANY LIMITED
Bench
WANCHOO, K.N.

Judgment text excerpt

The Supreme Court held that an arbitration award made during the pendency of legal proceedings challenging the contract's validity is enforceable, provided it does not contravene Indian law. The Court clarified that the provisions of Sections 73 and 74 of the Indian Contract Act, 1872, regarding liquidated damages, do not invalidate the award as long as the damages are not punitive. The Court upheld the validity of the award and dismissed the appellant's objections, affirming the enforceability of the arbitration agreement under Section 7(e) of the Arbitration (Protocol and Convention) Act, 1937.

SHIVA JUTE BALING LIMITED vs HINDLEY AND COMPANY LIMITED · Niyam