Supreme Court of India

Andhra Pradesh Tourism Development Corpn. Ltd. & Anr. v. M/s. Pampa Hotels Ltd.

Neutral citation
Reported as [2010] 4 S.C.R. 942
Bench R.V. Raveendran and H.L. Dattu JJ.
Decided 20 April 2010

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.

1 Supreme Court bench has cited this judgment.

What the Court ordered

In view of the above, we are not in a position to accept the contention of the appellant.

Judgment, page 16

From the headnote

Arbitration and Conciliation Act, 1996: ss. 7 and 2(h) - Party to arbitration agreement - Company entering into contract before the date on which it was entitled to commence business - On dispute invoking arbitration clause of the contract - Held: Since the company was non-existent on the date of contract, there was no contract - Consequently there was no arbitration agreement - The agreement would have been valid, if the contract were entered into by the promoters of the non-existing company on its behalf - Companies Act, 1956 - s. 149 (4) - Specific Relief Act, 1963 - s. 15(h). ss. 11 and

Authorities it was built on

Where later benches applied it

Of those, 1 relied on

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