Content Provider | Supreme Court of India |
---|---|
e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Arbitration and Conciliation Act 1996 - s. 45 - Execution of Agreement-I between appellant and American Company-NAC |
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 - s. 45 - Execution of Agreement-I between appellant and American Company-NAC - Two c years later. execution of Agreement-II between the appe(lant, respondent-NACC-lndia and American Company NAC - By the said agreement, American company assigned all its rights and obligations under Agreement I with the consent of the appellant to-respondent- lndian company - Dispute between appellant and respondent - · Request for arbitration before ICC in London, by respondent - Suit D by appellant - One of the prayer seeking declaration that arbitration agreemen( was null and void being contrary to Indian_ Law - Order passed whereby ICC stayed from proceeding with the arbitration - Applications by respondent seeking that dispute be referred to arbitration and sought vacation of injunction order - E Applications were allowed @nd suit was dismissed - Thereafter, appeal filed by the appellant - Dismissal by the High Court - O~ appeal, held: Per J. Clte/ameswar, J: It can be se.,en from the tenor . of ihe AGREEMENT-JI that it is a tripartite agteement - Consent given by the appellant is qualified - Appellant retained its right against the American company for the enforcement of obligations F and liabilities under AGREEMENT-I owed by the American company· to the appellant ~ Thus, the rights and obligations flowing out of AGREEMENT-II b_etween the three parties are interdependent - On examinatiqn of the fights and obligations 6f the American company under AGREEMENT-I and AGREEMENT-II, it is a dispute betWee1i G three parties of which one is an American company with a foreign element i.e. rights a~d obligations ofihe American company-Hence, the stipulation regarding the governing law cannot be said to be an agreement between only two Indian companies - So long as the obligations arising under the AGREEMENT-I subsists and theAmerican company is not discharged of its obligations under the AGREEMENT-L there is a foreign element' therein and the dispute arising therefrom -Autonomy of the parties in such a case to choose the governing law is well recognised in law - Further, in the AGREEMENT-II there is no discharge of the original contractee- American company s obligations - There are mutual obligations (arising out of AGREEMENT-I) still to be enforced - Transaction covered by AGREEMENT-JI is not an assignment-Also there cannot be any novation between American company and respondent - Further, for deciding whether the suit filed by appellant is maintainable or impliedly barred by s.45, the Court is required to examine only the validity of the arbitration agreement within the parameters set out in s.45, but not the substantive-contract of which the arbitration agreement is a part - Per Ahlwy Mwrolutr Sapre, J (Supplementing): NAC is an American company and being a party to Agreement-I as also to Agreement-II along with two Indian companies (appellant and respondent), a fortiori. Agreement-I and Agreement-II become an "'international commercial arbitration" within the meaning of s. 2(j) - Execution of Agreement-II did not result in substituting or rescinding or extinguishing Agreement-I - It recognized the existence of Agreement-I and resulted in its amendment by adding some nel;I' clauses and one party - It cannot be said that as a result of execution of Agreement-JI, novation of contract has come in to be inter se parties - Further. s. 45 shows that once it is found that the agreement is a legal and valid agreement, which is capable of being performed by the parties to the suit, the court has to pass an order by referring the parties to t!J.e arbitration in terms of the agreement - Trial court though allowed the application holding that the agreement was legal and proper and capable of being performed but did not pass any consequential order as required u/s. 45 by referring the parties to the arbitration and instead simply dismissed the suit - Thus, the order is modified to this extent. |
Judge | Hon'ble Mr. Justice Jasti Chelameswar |
Neutral Citation | 2016 INSC 1196 |
Petitioner | Sasan Power Limited |
Respondent | North American Coal Corporation India Private Limited |
SCR | [2016] 6 S.C.R. 809 |
Judgement Date | 2016-08-24 |
Case Number | 8299 |
National Digital Library of India (NDLI) is a virtual repository of learning resources which is not just a repository with search/browse facilities but provides a host of services for the learner community. It is sponsored and mentored by Ministry of Education, Government of India, through its National Mission on Education through Information and Communication Technology (NMEICT). Filtered and federated searching is employed to facilitate focused searching so that learners can find the right resource with least effort and in minimum time. NDLI provides user group-specific services such as Examination Preparatory for School and College students and job aspirants. Services for Researchers and general learners are also provided. NDLI is designed to hold content of any language and provides interface support for 10 most widely used Indian languages. It is built to provide support for all academic levels including researchers and life-long learners, all disciplines, all popular forms of access devices and differently-abled learners. It is designed to enable people to learn and prepare from best practices from all over the world and to facilitate researchers to perform inter-linked exploration from multiple sources. It is developed, operated and maintained from Indian Institute of Technology Kharagpur.
Learn more about this project from here.
NDLI is a conglomeration of freely available or institutionally contributed or donated or publisher managed contents. Almost all these contents are hosted and accessed from respective sources. The responsibility for authenticity, relevance, completeness, accuracy, reliability and suitability of these contents rests with the respective organization and NDLI has no responsibility or liability for these. Every effort is made to keep the NDLI portal up and running smoothly unless there are some unavoidable technical issues.
Ministry of Education, through its National Mission on Education through Information and Communication Technology (NMEICT), has sponsored and funded the National Digital Library of India (NDLI) project.
Sl. | Authority | Responsibilities | Communication Details |
---|---|---|---|
1 | Ministry of Education (GoI), Department of Higher Education |
Sanctioning Authority | https://www.education.gov.in/ict-initiatives |
2 | Indian Institute of Technology Kharagpur | Host Institute of the Project: The host institute of the project is responsible for providing infrastructure support and hosting the project | https://www.iitkgp.ac.in |
3 | National Digital Library of India Office, Indian Institute of Technology Kharagpur | The administrative and infrastructural headquarters of the project | Dr. B. Sutradhar bsutra@ndl.gov.in |
4 | Project PI / Joint PI | Principal Investigator and Joint Principal Investigators of the project |
Dr. B. Sutradhar bsutra@ndl.gov.in Prof. Saswat Chakrabarti will be added soon |
5 | Website/Portal (Helpdesk) | Queries regarding NDLI and its services | support@ndl.gov.in |
6 | Contents and Copyright Issues | Queries related to content curation and copyright issues | content@ndl.gov.in |
7 | National Digital Library of India Club (NDLI Club) | Queries related to NDLI Club formation, support, user awareness program, seminar/symposium, collaboration, social media, promotion, and outreach | clubsupport@ndl.gov.in |
8 | Digital Preservation Centre (DPC) | Assistance with digitizing and archiving copyright-free printed books | dpc@ndl.gov.in |
9 | IDR Setup or Support | Queries related to establishment and support of Institutional Digital Repository (IDR) and IDR workshops | idr@ndl.gov.in |