Supreme Court of India · 2015-04-16
Ashapura Mine-Chem Ltd vs Gujarat Mineral Devlopment ...
- Citation / case number
- AIR 2015 SC (SUPP) 1153
- Court
- Supreme Court of India
- Petitioner
- Ashapura Mine-Chem Ltd
- Respondent
- Gujarat Mineral Devlopment ...
- Bench
- Shiva Kirti Singh, Fakkir Mohamed Ibrahim Kalifulla
Judgment text excerpt
The Supreme Court addressed the dismissal of an application under Section 11 of the Arbitration and Conciliation Act, 1996, concerning a Memorandum of Understanding (MoU) for a joint venture in Gujarat. The Court held that the MoU, which included specific obligations regarding equity participation and supply of resources, was subject to necessary approvals, and thus, the arbitration clause could not be invoked until such approvals were obtained. The appeal was dismissed, affirming the High Court's decision that the conditions precedent for arbitration were not fulfilled.