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april 2015

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.

Ashapura Mine-Chem Ltd vs Gujarat Mineral Devlopment ... · Niyam