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april 2006

Supreme Court of India · 2006-04-28

SAN-A TRADUBG CO. LTD. vs I.C. TEXTILES LTD.

Citation / case number
SC 2005/5748
Court
Supreme Court of India
Petitioner
SAN-A TRADUBG CO. LTD.
Respondent
I.C. TEXTILES LTD.
Bench
P.P. NAOLEKAR

Judgment text excerpt

The Supreme Court, under Section 11(6)(c) of the Arbitration and Conciliation Act, 1996, appointed a new arbitrator due to the inability of the originally nominated arbitrator, Mr. Manabu Nonoguchi, to act. The Court held that the disputes arising from the hire purchase agreement, specifically regarding the return of machinery, were arbitrable despite the respondent's claims of defects and financial difficulties. The Court emphasized that the title of the machinery remained with the applicant until full payment was made, thus affirming the applicant's right to seek arbitration for resolution.

SAN-A TRADUBG CO. LTD. vs I.C. TEXTILES LTD. · Niyam