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august 2007

Supreme Court of India · 2007-08-07

Himadri Chemicals Industries Ltd vs Coal Tar Refining Company

Citation / case number
AIR 2007 SUPREME COURT 2798
Court
Supreme Court of India
Petitioner
Himadri Chemicals Industries Ltd
Respondent
Coal Tar Refining Company
Author
Tarun Chatterjee
Bench
Tarun Chatterjee, P.K.Balasubramanyan

Judgment text excerpt

The Supreme Court addressed an appeal concerning the vacating of an interim order under Section 9 of the Arbitration and Conciliation Act, 1996, which sought to restrain the respondent from receiving payment under a Letter of Credit. The Court held that the appellant's waiver of discrepancies in the documents presented under the Letter of Credit did not preclude the right to seek an injunction regarding the quality of goods supplied. The Court affirmed the need for resolution of quality disputes before payment could be mandated, thereby emphasizing the importance of adhering to contractual terms and conditions.

Himadri Chemicals Industries Ltd vs Coal Tar Refining Company · Niyam