Supreme Court of India
Avitel Post Studioz Limited & Ors. v. Hsbc Pi Holdings (mauritius) Limited
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2 Supreme Court benches have cited this judgment.
What the Court ordered
Held as under: (SCC pp. 389-90, para 32) “32 . Coming to the last contention that an effort should be made to avoid conflict of findings between the civil and criminal courts, it is necessary to point out that the standard of proof required in the two proceedings is entirely different.
Judgment, page 43
From the headnote
Arbitration and Conciliation Act, 1996 – s. 9 – Contract Act, 1872 – ss. 17 and 18 – Share Subscription Agreement (SSA) and Shareholders’ Agreement (SHA) was entered into betw een the claimant and the appellants – Both SSA and SHA cont ained an identical arbitration clause – It was alleged that the appe llants made a representation that they were at a very advanced stage of finalising a contract with the British Broadcasting Corporatio n (BBC) to convert the BBC’s film library from 2D to 3D – This con tract was expected to generate a revenue of USD 300 million in f irst phase, and ultimately
Authorities it was built on
- 2011 Booz-allen & Hamilton Inc. v. Sbi Home Finance Ltd. & Ors.
- 2002 K.G. Premshanker v. Inspector of Police and Anr.
- 2016 A. Ayyasamy v. A. Paramasivam & Ors.
- 2010 Afcons Infrastructure Ltd. and Anr. v. Cherian Varkey Construction Cq. (p) Ltd. and Ors.
- 2018 Ameet Lalchand Shah and Others v. Rishabh Enterprises and Another
- 2014 State of West Bengal & Ors. v. Associated Contractors
- 1961 Abdul Kadir Shamsuddin Bubere v. Madhav Prabhakar Oak
- 2013 Swiss Timing Limited v. Organising Committee, Commonwealth Games 2010 Delhi
- 2009 N. Radhakrishnan v. M/s. Maestro Engineers & Ors.
- 2010 Kishan Singh (d) through Lrs. v. Gurpal Singh & Ors.
- 2000 P. Anand Gajapathi Raju and Ors. v. P.V.G. Raju (died) and Ors.
- 1975 L. Michael & Anr. v. M/s. Johnston Pumps India Ltd.
- 2016 Shri Vimal Kishor Shah & Ors. v. Mr. Jayesh Dinesh Shah & Ors.
- 2019 Rashid Raza v. Sadaf Akhtar
- 2008 P. Swaroopa Rani v. M. Hari Narayana@ Hari Babu
- 1999 Haryana Telecom Ltd. v. Sterlite Industires (india) Ltd.
- 2009 Syed Askari Hadi Ali Augustine Imam & Anr. v. State (delhi Admn.) & Anr.
- 1995 V.M. Shah v. The State of Maharashtra and Anr.
- 2013 Guru Granth Saheb Sthan Meerghat Vanaras v. Ved Prakash and Ors.
Where later benches applied it
- 2025 The Managing Director Bihar State Food and Civil Supply Corporation Limited & Anr. v. Sanjay Kumar
- 2023 In Re: Interplay Between Arbitration Agreements Under the Arbitration and Conciliation Act 1996 and the Indian Stamp Act 1899 v..
Of those, 2 referred to
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