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december 1967

Supreme Court of India · 1967-12-07

MODI & CO. vs UNION OF INDIA

Citation / case number
SC 1965/154
Court
Supreme Court of India
Petitioner
MODI & CO.
Respondent
UNION OF INDIA
Bench
RAMASWAMI

Judgment text excerpt

The Supreme Court upheld the High Court's decision that the contract between the appellant and respondent was a non-transferable specific delivery contract under Section 2(f) of the Forward Contract (Regulation) Act, 1952. The Court found that the terms of the contract and surrounding circumstances implied that rights and liabilities were not transferable, thus validating the arbitration clause. The appeal was dismissed, affirming the legality of the contract and the arbitration proceedings initiated by the respondent.

MODI & CO. vs UNION OF INDIA · Niyam