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october 1988

Supreme Court of India · 1988-10-26

NATIONAL AGRICULTURAL COOPERATIVE MARKETINGFEDERATlON OF IN vs ALIMENTA S.A.

Citation / case number
SC 1988/70948
Court
Supreme Court of India
Petitioner
NATIONAL AGRICULTURAL COOPERATIVE MARKETINGFEDERATlON OF IN
Respondent
ALIMENTA S.A.
Author
SABYASACHI MUKHARJI
Bench
SABYASACHI MUKHARJI

Judgment text excerpt

The Supreme Court held that Section 35 of the Arbitration Act, 1940 does not apply in this case, affirming the High Court's decision to deny a stay on arbitration proceedings. The Court clarified that filing a suit to save limitation does not invalidate the arbitration award. Furthermore, it stated that foreign awards are not automatically lifeless and can be enforced in India as per law. The application for stay was dismissed, upholding the validity of the arbitration process.

NATIONAL AGRICULTURAL COOPERATIVE MARKETINGFEDERATlON OF IN vs ALIMENTA S.A. · Niyam