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february 2004

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.

National Aluminium Co. Ltd vs Gerald Metals Sa · Niyam