Supreme Court of India

Milk Food Ltd. v. M/s. Gmc Ice Cream (p) Ltd.

Neutral citation

Reported as [2004] 3 S.C.R. 854

Bench V.N. Khare, S.B. Sinha and S.H. Kapadia JJ.

Decided 5 April 2004

INSC stands for INDIAN SUPREME COURT. A neutral citation scheme assigned by the Court itself, so a judgment can be cited without depending on a commercial law reporter. INSC is the neutral citation scheme assigned by the Supreme Court, so a judgment can be cited without depending on a commercial law reporter.

8 Supreme Court benches have cited this judgment.

What the Court ordered

In view of the above notice dated 14.9.1995, the arbitration proceedings had commenced under the 1940 Act.

Judgment, page 45

From the headnote

Arbitration Act, 1940; Sections 3, 8, 33, 34, 37(3)/Arbilralion and Conciliation Act, 1996; Sections 21, 43 (I) & (2) and 85/limilalion Act, 1963. Agreement between the Supplier and the Manufacturer-Arbitration Clause-Dispute-Sui I for permanent injunction filed by the manufacturer App/ication for stay of suit filed by the supplier-Al/owing the application, trial Court stayed the suit directing lo refer the dispute to Arbitrator-Appeal dismissed by first appellate Court-On revision, High Court referred the dispute to Arbitral Tribunal-Arbitration proceedings initiated by Tribunal as per

Authorities it was built on

1999 Thyssen Stahlunion Gmbh Etc. v. Steel Authority of India Ltd. cited by 11
1967 Commissioner of Income-tax, Calcutta v. Rai Bahadur Hardutroy Motilal Chamaria cited by 7
1961 Hari Shankar, Lal v. Shambhunath Prasad and Others cited by 4
2003 State of West Bengal v. Amritlal Chatterjee cited by 2
1989 Secretary to the Govt. of Orissa & Anr. v. Sarbeswar Rout cited by 1

Where later benches applied it

2026 Regenta Hotels Private Limited v. M/s Hotel Grand Centre Point relied on
2024 M/s Arif Azim Co. Ltd. v. M/s Aptech Ltd. relied on
2019 M/s Geo Miller & Co. Pvt. Ltd. v. Chairman, Rajasthan Vidyut Utpadan Nigam Ltd. relied on
2025 Asf Buildtech Private Limited v. Shapoorji Pallonji and Company Private Limited referred to
2025 Adavya Projects Pvt. Ltd. v. M/s Vishal Structurals Pvt. Ltd. & Ors referred to
2020 Indore Development Authority v. Manoharlal & Ors. Etc. referred to
2011 M/s. Milkfood Pvt. Ltd. v. M/s. Gmc Ice Cream (p) Ltd. referred to
2018 Board of Control for Cricket in India v. Kochi Cricket Pvt. Ltd. and Etc. distinguished

Of those, 3 relied on · 1 distinguished · 4 referred to

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