INDOWIND ENERGY LTD. vs WESCARE (I) LTD.

The Supreme Court addressed the validity of an agreement under the Arbitration and Conciliation Act, 1996, specifically examining the requirement of board approvals as stipulated in Clause 11 of the agreement. The Court held that the absence of approval from Indowind's Board rendered the agreement null and void, thus affecting the enforceability of the arbitration clause under Section 9 of the Act. Consequently, the petitions filed by Wescare for interim measures were dismissed, affirming that without the necessary approvals, the agreement could not be enforced.