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february 2015

Supreme Court of India · 2015-02-16

M/S System For International Agencies vs M/S Rahul Coach Builders P. Ltd

Citation / case number
AIR 2015 SC (SUPP) 2092
Court
Supreme Court of India
Petitioner
M/S System For International Agencies
Respondent
M/S Rahul Coach Builders P. Ltd
Author
Anil R. Dave
Bench
Anil R. Dave

Judgment text excerpt

The Supreme Court held that the arbitration clause in the sale contract dated 2nd May, 2011 was vague and unenforceable due to the absence of by-laws under the Indian Companies Act, 1956. The Court emphasized that without a clear arbitration agreement, as required under Section 11(6) of the Arbitration and Conciliation Act, 1996, no arbitrator could be appointed. Consequently, the petition for arbitration was rejected, allowing the parties to seek remedies through other legal avenues.

M/S System For International Agencies vs M/S Rahul Coach Builders P. Ltd · Niyam