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july 2012

Supreme Court of India · 2012-07-25

M/S CALCUTTA INDUSTRIAL CORP. vs M/S JAYA STEEL & SCRAP LIC .

Citation / case number
SC 2011/15686
Court
Supreme Court of India
Petitioner
M/S CALCUTTA INDUSTRIAL CORP.
Respondent
M/S JAYA STEEL & SCRAP LIC .
Author
SURINDER SINGH NIJJAR
Bench
SURINDER SINGH NIJJAR

Judgment text excerpt

The Supreme Court, under Section 11(6) of the Arbitration and Conciliation Act, 1996, held that a valid arbitration clause existed in the agreement between the parties, allowing for arbitration in India. The Court found that the non-applicant had prima facie breached the agreement by failing to deliver the contracted materials, and thus, the petition for appointment of a sole arbitrator was allowed. The Court appointed a former Judge of the Supreme Court as the sole arbitrator to resolve the disputes arising from the agreement.

M/S CALCUTTA INDUSTRIAL CORP. vs M/S JAYA STEEL & SCRAP LIC . · Niyam