NATIONAL AGR.CO-OP. M.F.O.I. LTD(NAFED) vs M/S. EARTHTECH ENTERPRISES LTD.

The Supreme Court set aside the Delhi High Court's Division Bench order dated 17.11.2011, restoring the Single Judge's order that upheld the Arbitrator's interim award directing the respondent to pay Rs.90 crores to the appellant. The Court noted that the respondent's liability was established by prior orders of the Division Bench dated 1st July, 2009 and 22nd May, 2009, which were not challenged. The Court held that the Division Bench had no grounds to interfere with the interim award, thus allowing the appeal without costs.