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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.

ASHAPURA MINE-CHEM LTD vs GUJARAT MINERAL DEVLOPMENT CORPORATION · Niyam