Supreme Court of India

Shin-etsu Chemical Co. Ltd. v. Aksh Optifibre Ltd. and Anr.

Neutral citation

Reported as [2005] SUPP. 2 S.C.R. 699

Bench Y.K. Sabharwal, D.M. Dharmadhikari and B.N. Srikrjshna JJ.

Decided 12 August 2005

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 aforesaid discussion, I am of the view that under Section 45 of the Act, the determination has to be on merits, final and binding and not prima facie.

Judgment, page 31

Authorities it was built on

2003 The Divisional Controller, Ksrtc v. Mahadeva Shetty and Anr. cited by 12
2004 Firm Ashok Traders and Anr. Etc. v. Gurumukh Das Saluja and Ors. Etc. cited by 11

Where later benches applied it

2020 Vidya Drolia and Others v. Durga Trading Corporation relied on
2025 The Managing Director Bihar State Food and Civil Supply Corporation Limited & Anr. v. Sanjay Kumar referred to
2025 Asf Buildtech Private Limited v. Shapoorji Pallonji and Company Private Limited referred to
2023 Cox and Kings Ltd. v. Sap India Pvt. Ltd. & Anr. referred to
2023 M/s N. N. Global Mercantile Private Limited v. M/s Indo Unique Flame Ltd. & Ors. referred to
2021 Reepak Kansal v. Union of India and Others referred to
2012 Chloro Controls (i) P. Ltd. v. Severn Trent Water Purification Inc. and Ors. referred to
2012 The Accountant General, M.P. v. S.K. Dubey & Anr. referred to

Of those, 1 relied on · 7 referred to

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