Supreme Court of India
Mahanadi Coalfields Ltd & Anr v. M/s Ivrcl Amr Joint Venture
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
Authorities it was built on
- 2019 M/s Mayavti Trading Pvt. Ltd. v. Pradyuat Deb Burman
- 1998 K.K. Modi v. K.N. Modi and Ors.
- 2003 Bihar State Mineral Development Corpn. and Anr. v. Encon Builders (i) Pvt. Ltd.
- 2007 Jagdish Chander v. Ramesh Chander and Ors.
- 1995 State of Orissa and Anr. v. Sri Damodar Das
- 1999 Bharat Bhushan Bansal v. U.P. Small Industries Corporation Ltd., Kanpur
Where later benches applied it
- 2025 M/s Alchemist Hospitals Ltd. v. M/s Ict Health Technology Services India Pvt. Ltd.
- 2025 Bgm and M-rpl-jmct (jv) v. Eastern Coalfields Limited
Of those, 2 referred to
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