Supreme Court of India · 2009-03-27
Shin-Etsu Chemical Co. Ltd. & Ors vs Vindhya Telelinks Ltd. & Ors
- Citation / case number
- AIR 2009 SUPREME COURT 3284
- Court
- Supreme Court of India
- Petitioner
- Shin-Etsu Chemical Co. Ltd. & Ors
- Respondent
- Vindhya Telelinks Ltd. & Ors
- Bench
- Markandey Katju, R. V. Raveendran
Judgment text excerpt
The Supreme Court addressed appeals against the remand order by the IV Additional District Judge, Rewa, concerning applications under Section 45 of the Arbitration and Conciliation Act, 1996. The Court held that the appellate court erred in remanding the matter without a finding that the arbitration agreement was null or inoperative, emphasizing that the trial court's order should have been upheld. The Court ultimately set aside the remand order, reinforcing the principles established in Shin-Etsu Chemical Co. Ltd. v. Aksh Optifibre Ltd. & Anr. (2005) 7 SCC 234 regarding arbitration agreements.