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Supreme Court of India

International Amusement Limited v. India Trade Promotion Organisation &anr.

Neutral citation
Reported as [2014] 13 S.C.R. 1281
Bench V. Gopala Gowda and C. Nagappan JJ.
Decided 17 December 2014

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.

What the Court ordered

In view of the aforesaid decisions and the law laid down by this Court in catena of cases referred to supra which are reiterated in the case of P. Dasaratharama Reddy (supra) F we are of the view that the clause 28 in the agreement which is referred to in the case on hand is not an arbitration clause.

Judgment, page 16

From the headnote

Arbitration and Conciliation Act, 1996 s. 11 (6) -Appointment of arbitrator-Agreement between the c appellant running amusement park and ITPO for allotment of land on licence basis-As per clause 28 of the agreement, any dispute arising out of or in connection with the agreement was to be referred to sole arbitration of the Chairman of ITPO or his nominee whose decision/award shall be final - After expiry of licence period, ITPO issued a notice u/s.4A of PP ( of U O)Act, 1971 to the appellant to evict from the land of its unauthorised occupation -Application for arbitration filed by appellant

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