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Supreme Court of India

National Agricultural Cooperative Marketing Federation of India v. Alimenta S.A.

Neutral citation
Reported as [2020] 7 S.C.R. 789
Bench Arun Mishra, M. R. Shah and B. R. Gavai JJ.
Decided 22 April 2020

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

Held as under: (SCC p. 3 87, para 28) “28 . … a party to the litigation cannot be allowed to take an unfair advantage by committing breach of an interim order and escape the consequences thereof. … the wrong perpetrated by the respondent contemnors in utter disregard of the order of the High Court should not be permitted to hold good.

Judgment, page 56

From the headnote

Foreign Awards (Recognition and Enforcement) Act, 1 961: s.7 – Agreement between NAFED and Alimenta S. . for export of groundnut (commodity) for the season 1979-80 – Agre ement contained arbitration clause – Terms and conditions were as per FOSFA 20 contract, a standard form of contract – NAFED w as a canalizing agency for the Government of India for e xport of commodity – Clause 14 in the agreement was that in case of prohibition of export by executive order or by law, t he agreement would be treated as cancelled – NAFED could not export the ent ire quantity due to damage caused to crop by

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