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december 1974

Supreme Court of India · 1974-12-19

FOOD CORPORATION OF INDIA vs M/s. THAKUR SHIPPING CO. LTD. & ORS.

Citation / case number
SC 1974/60350
Court
Supreme Court of India
Petitioner
FOOD CORPORATION OF INDIA
Respondent
M/s. THAKUR SHIPPING CO. LTD. & ORS.
Bench
GUPTA, A.C.

Judgment text excerpt

The Supreme Court held that under Section 34 of the Arbitration Act, 1940, a party seeking a stay of proceedings must demonstrate that they were ready and willing to arbitrate at the commencement of the proceedings. The Court found that the respondents' silence and evasive responses indicated a lack of willingness to proceed with arbitration, justifying the trial court's conclusion that they were not ready to arbitrate. The High Court's characterization of the trial court's decision as perverse was deemed incorrect, leading to the allowance of the appeals and the affirmation of the trial court's ruling.

FOOD CORPORATION OF INDIA vs M/s. THAKUR SHIPPING CO. LTD. & ORS. · Niyam