M/S Calcutta Industrial Corp vs M/S Jaya Steel & Scrap Lic & Ors

The Supreme Court held that the arbitration clause in the agreement dated 25.5.2009 is valid and enforceable under Section 11(10) of the Arbitration and Conciliation Act, 1996. The Court found that the non-applicant had prima facie breached the agreement by failing to supply the contracted materials, and thus the dispute was appropriately referred to arbitration. The Court appointed Mr. Justice B.P. Singh as the sole Arbitrator, allowing the non-applicant to raise any counter-claim during the arbitration proceedings.