Supreme Court of India · 2015-04-16
ASHAPURA MINE-CHEM LTD vs GUJARAT MINERAL DEVLOPMENT CORPORATION
- Citation / case number
- SC 2013/40779
- Court
- Supreme Court of India
- Petitioner
- ASHAPURA MINE-CHEM LTD
- Respondent
- GUJARAT MINERAL DEVLOPMENT CORPORATION
- Author
- Fakkir Mohamed Ibrahim Kalifulla
- Bench
- SHIVA KIRTI SINGH FAKKIR MOHAMED IBRAHIM KALIFULLA
Judgment text excerpt
The Supreme Court upheld the High Court's dismissal of the appellant's application under Section 11 of the Arbitration and Conciliation Act, 1996, stating that the Memorandum of Understanding (MoU) did not constitute an arbitration agreement as defined under Section 7 of the Act. The Court emphasized that the MoU lacked the necessary elements to invoke arbitration, particularly the absence of a clear and unequivocal agreement to arbitrate disputes. Consequently, the appeal was dismissed, affirming the High Court's ruling.