Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Arbitration and Conciliation Act 1996 |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Dismissed |
Headnote | Arbitration and Conciliation Act, 1996-Sections 30, 36, 73 and 74-Agreement between :two contracting parties in dispute-During pendency ofconciliation proceedings-Facts still disputed-Petition for execution of'Memorandum of Conciliation' and 'Letter of Comfort'-Plea that theconciliation proceeding amounted to settlement agreement and henceenforceable as arbitral award-High Court dismissed the petition-On appeal,held: The agreement cannot be accorded status of settlement agreement as itdoes not fulfill essential legal pre-requisites of Section 73 and hence not liableto be executed-Every agreement during pendency of conciliation proceedingdoes not automatically acquire status of settlement agreement within themeaning of Section 73 for being enforced as decree of Court. |
Judge | Hon'ble Mr. Justice Shivaraj V Patil |
Neutral Citation | 2003 INSC 166 |
Petitioner | Mysore Cements Ltd. |
Respondent | Svedala Barmac Ltd. |
SCR | [2003] 2 S.C.R. 1028 |
Judgement Date | 2003-03-12 |
Case Number | 2321 |
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