Supreme Court of India · 2004-02-27
National Aluminium Co. Ltd vs Gerald Metals Sa
- Citation / case number
- AIRONLINE 2004 SC 86
- Court
- Supreme Court of India
- Petitioner
- National Aluminium Co. Ltd
- Respondent
- Gerald Metals Sa
- Bench
- N Santosh Hegde, B P Singh
Judgment text excerpt
The Supreme Court addressed an appeal concerning an interim order under Section 9(d) of the Arbitration and Conciliation Act, 1996, regarding the sale of alumina pending arbitration. The Court held that while the trial court's order for the sale of alumina was permissible, modifications were necessary to protect both parties' interests. The Court emphasized that the appellant's claim of ownership does not preclude the sale, as they had expressed willingness to sell the alumina at market rates, thus ensuring that the property could be restored if they prevailed in arbitration.