Supreme Court of India

Indowind Energy Ltd. v. Wescare (i) Ltd. and Anr.

Neutral citation

Reported as [2010] 5 S.C.R. 284

Bench R.V. Raveendran J.

Decided 27 April 2010

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6 Supreme Court benches have cited this judgment.

What the Court ordered

In view of the above, we allow this appeal, set aside the order of the High Court appointing an Arbitrator in regard to the claims of Wescare against lndowind and dismiss the C application under section 11 (6) of the Act filed by Wescare in so far as lndowind is concerned.

Judgment, page 25

From the headnote

Arbitration and Conciliation Act, 1996 - ss. 7 and 11 - Agreement of sale between respondent nos. 1 and 2 described respondent no. 1 as the seller, and respondent no. 2 as the buyer and the promoters of appellant - Agreement contained an arbitration clause - Disputes between respondent no. 1 on one hand and respondent no. 2 and appellant on the other, in respect of th.e said agreement - Respondent no. 1 filed petition u/s. 11 (6) against respondent no. 2 and appellanf for appointment of sole arbitrator to· arbitrate upon disputes between them in respect of the said agreement - Dispute as to

Authorities it was built on

2008 National Insurance Co. Ltd. v. M/s. Boghara Polyfab Pvt. Ltd. cited by 53

Where later benches applied it

2011 Anil Sachar & Anr. v. M/s Shree Nath Spinners P. Ltd. & Ors. Etc. relied on
2022 Cox and Kings Limited v. Sap India Private Limited & Another referred to
2022 Oil and Natural Gas Corporation Ltd. v. M/s Discovery Enterprises Pvt. Ltd. & Anr. referred to
2021 Gemini Bay Transcription Pvt. Ltd. v. Integrated Sales Service Ltd. & Anr. referred to
2023 Cox and Kings Ltd. v. Sap India Pvt. Ltd. & Anr. mentioned
2018 Cheran Properties Limited v. Kasturi and Sons Limited and Ors. distinguished

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

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