Supreme Court of India

Mahanadi Coalfields Ltd & Anr v. M/s Ivrcl Amr Joint Venture

Neutral citation
Reported as [2022] 7 S.C.R. 522
Bench Dr. Dhananjaya Y Chandrachud and A S Bopanna JJ.
Decided 25 July 2022

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.

2 Supreme Court benches have cited this judgment.

What the Court ordered

For the above reasons, we have come to the conclusion t hat the invocation of the jurisdiction of the High Court under Section 11(6) of the 1996 Act was not valid and there being no arbitration agreement between the appellants and the respondent, no reference to arbit ration could have been made.

Judgment, page 12

From the headnote

Arbitration and Conciliation Act, 1996 – ss. 2(b), 7 and 11(6) – Arbitration agreement – Attributes – Contract Agreem ent entered between appellant (a subsidiary of CIL) and respond ent on 30 January 2012 – Dispute between the parties – Invoca tion of jurisdiction u/s.11(6) by respondent before the Hig h Court for appointment of arbitrator – Challenged, on ground that there was no arbitration agreement between the parties within meaning of ss.2(b) and 7 – Held: It was wrong on the part of the High Co urt to construe Clause 15 of the Contract Agreement dated 30 January 2012 as an arbitration

Where later benches applied it

Of those, 2 referred to

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