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december 2018

Supreme Court of India · 2018-12-06

State Trading Corporation Of India Ltd. vs M/S Global Steel Holding Limited .

Citation / case number
AIRONLINE 2018 SC 1273
Court
Supreme Court of India
Petitioner
State Trading Corporation Of India Ltd.
Respondent
M/S Global Steel Holding Limited .
Author
Abhay Manohar Sapre
Bench
Indu Malhotra, Abhay Manohar Sapre

Judgment text excerpt

The Supreme Court upheld the dismissal of the Execution Petition filed by the State Trading Corporation (STC) against Global Steel Holding Ltd. (GSHL) and Global Steel Philippines Inc. (GSPI) on the grounds of lack of jurisdiction, as determined by the Delhi High Court. The Court emphasized that the disputes arising from the tripartite agreement and subsequent settlement agreements, including those under Section 73 of the Arbitration and Conciliation Act, 1996, must be resolved through arbitration rather than execution proceedings. The Court affirmed the principle that jurisdictional issues must be addressed before proceeding with execution.

State Trading Corporation Of India Ltd. vs M/S Global Steel Holding Limited . · Niyam