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april 2010

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.

Indowind Energy Ltd vs Wescare (I) Ltd.& Anr · Niyam