Supreme Court of India · 2010-04-27
Indowind Energy Ltd vs Wescare (I) Ltd.& Anr
- Citation / case number
- AIR 2010 SUPREME COURT 1793
- Court
- Supreme Court of India
- Petitioner
- Indowind Energy Ltd
- Respondent
- Wescare (I) Ltd.& Anr
- Author
- R.V.Raveendran
- Bench
- K S Radhakrishnan, R V Raveendran
Judgment text excerpt
The Supreme Court addressed the arbitration agreement under the Arbitration and Conciliation Act, 1996, specifically Section 9, which allows for interim measures. The Court held that the absence of approval from Indowind's Board rendered the agreement null and void as per Clause 11, thus impacting the enforceability of the arbitration clause. Consequently, the petitions filed by Wescare for interim measures were dismissed, affirming that without a valid agreement, the arbitration process could not be initiated.