Supreme Court of India

Dresser Rand S.A. v. M/s. Bindal Agro Chem Ltd. and Anr.

Neutral citation

Reported as [2006] 1 S.C.R. 308

Bench Arun Kumar and R.Y. Ra Veendran JJ.

Decided 12 January 2006

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.

5 Supreme Court benches have cited this judgment.

What the Court ordered

We hold that the letters of intent, even if assumed to result in any binding contract, did not provide for arbitration.

Judgment, page 32

From the headnote

Arbitralion--Arbitralion agreement-Existence of--Purchaser-lndian Company offering invitation to bid to Foreign Company for •upply of equipment--General Conditions of Purchase containing arbitration clause modified by supplier-Foreign Company and agreed to by Indian Company and Foreign Company-Subsequent issue of leiter of intent by Indian Company lo Foreign Company-letter of intent contemplating issuance of regular and de/ailed purchase order--However, purchase order not issued--Dispule between parties·-Arbitration agreement, if brought inlo existence--Held: Invitation to bid and also

Authorities it was built on

1954 Chatturbhuj Vithaldas Jasani v. Moreshwar Parashram and Others. cited by 25
1998 M/s Rickmers Verwaltung Gmb H v. The Indian Oil Corporation Ltd. cited by 3

Where later benches applied it

2018 M/s Psa Mumbai Investments Pte. Limited v. The Board of Trustees of the Jawaharlal Nehru Port Trust and Anr. relied on
2014 Rishi Kiran Logistics Pvt. Ltd. v. Board of Trustees of Kandla Port Trust & Ors. relied on
2021 South Eastern Coalfields Ltd. & Ors. v. M/s. S. Kumar’s Associates Akm (jv) referred to
2019 M/s. Uttarakhand Purv Sainik Kalyan Nigam Limited v. Northern Coal Field Limited referred to
2014 Enercon (india) Ltd. & Ors. v. Enercon Gmbh & Anr. mentioned

Of those, 2 relied on · 2 referred to · 1 mentioned

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