M/S SYSTEM FOR INTERNATIONAL AGENCIES Vs M/S RAHUL COACH BUILDERS P. LTD
Bench: ANIL R. DAVE
Case number: ARBIT.CASE(C) No.-000006-000006 / 2014
Diary number: 31911 / 2013
Advocates: ABHIJIT SENGUPTA Vs
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NON-REPORTABLE
IN THE SUPREME COURT OF INDIA
CIVIL ORIGINAL JURISDICTION
ARBITRATION PETITION NO.6 OF 2014
M/s. System for International Agencies … Petitioner
Versus
M/s. Rahul Coach Builders Pvt. Ltd. ...Respondent
J U D G M E N T
ANIL R. DAVE, J.
1. Heard the learned counsel.
2. The arbitration clause incorporated in the agreement
regarding sale contract dated 2nd May, 2011 reads as under:
“Disputes: In case of any dispute arising out of this agreement between the parties, the same shall be referred to the arbitration under the by-laws of Indian Company’s Act 1956 and all amendments of this Act up to date or shall be settled and decided by arbitration as per International Trade Laws and all amendments of this Act up to date.”
3. Upon perusal of the said clause it is very clear that the
parties to the agreement had agreed to refer the dispute to
arbitration under the provisions of the ‘By-laws of Indian
Companies Act, 1956’.
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4. The learned counsel appearing for the parties had fairly
conceded that there are no by-laws framed under the
provisions of the Indian Companies Act, 1956.
5. Though an effort was made to show that in a reply to a
winding up petition, one of the parties had agreed to refer the
matter to arbitration but there also there was vagueness and
even that willingness to refer the dispute to an arbitrator
cannot be said to be an arbitration agreement.
6. Upon perusal of the aforestated clause, it is clear that the
clause with regard to arbitration is quite vague and as there
are no by-laws framed under the provisions of the Companies
Act, no arbitrator can be appointed.
7. On account of the aforesaid vagueness in the arbitration
clause incorporated in the sale contract dated 2nd May, 2011,
there cannot be any arbitration and therefore, this petition
made under the provision of Section 11(6) of the Arbitration
and Conciliation Act, 1996 fails.
8. Needless to say that it would be open to the parties to
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take appropriate remedy in accordance with law.
9. The arbitration petition is disposed of as rejected.
…….…………………J. (ANIL R. DAVE)
New Delhi February 16, 2015.