Arbitration Law
Mode of Citation- ILC-2017-SC-ARB-....
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Arbitration Law
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Arbitration Law
Mode of Citation- ILC-2017-SC-ARB-....
Judgement Subject Index/Important Decision/Topic

ILC-2010-SC-ARB-Apr-4

Indowind Energy Ltd. Vs. Wescare (I) Ltd. and another

Head Note

The Arbitration and Conciliation Act, 1996  - Section 11 (6) , Section 7 , Section 2

Arbitrator - Appointment of - Agreement between First and Second respondent i.e. 'W' and 'S' - 'S' is promotor of appellant company 'I' - Board of Director of 'W' and 'S' ap-proved agreement - However, there is no approval of Board of Directors of 'I' - Dispute between 'W' and 'S' - Whether 'I' who was not signatory of agreement is bound by agreement - Held - No claim against 'I' or no dispute can be the subject-matter of reference to Arbitrator.

The Arbitration and Conciliation Act, 1996  - Section 11 (6) , Section 7 , Section 2

Arbitrator - Appointment of - Agreement between 'W' and 'S'-'S' is promotor of another company 'I - 'S' was also Director of promotee Company - Whether promotee Company bound by agreement between 'W' and 'S' - Held - No.

Advocates For the Respondent(s) :

C.A. Sundaram, Sr. Advocate, P.C. Sen, Ms. Rohini Musa, A.J. Jawad, S.K. Srinivasan, Zafar Inayat, Abhishek Guptas, Ms. Aanchal Yadav, Anandh Kannan, Ms. Binu Tamta, Satish C.S.K., Garvesh Kabra, Ms. Haripriya and Ms. Pooja Kabra, Advocate, with him

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Topic(s)-Appointment of Arbitrator

Important Decision(s)- Promoter of company approved agreement - No approval of Board at Directors - Company is bound by agreement - No.







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