Supreme Court · 2010 INSC 227 · Decided 20 April 2010
Andhra Pradesh Tourism Development CORPN. LTD. & ANR. v. M/S. Pampa Hotels LTD.
- Court
- Supreme Court of India
- Citation
- 2010 INSC 227 · [2010] 4 S.C.R. 942
- Case number
- CIVIL APPEAL No. 3272/2007
- Decided
- 20 April 2010
- Bench
- R.V. RAVEENDRAN, H.L. DATTU (2-judge bench)
- Outcome
- Disposed off
- Case type
- Civil
- Acts & sections cited
- Arbitration Act Section 7, 2(h); Companies Act Section 149(4), 149(3); Specific Relief Act Section 15(h)
Headnote
Arbitration and Conciliation Act, 1996: ss. 7 and 2(h) - Party to arbitration agreement - Company entering into contract before the date on which it was entitled to commence business - On dispute invoking arbitration clause of the contract - Held: Since the company D date of contract, there was no contract - Consequently there was no arbitration agreement - The agreement would have been valid, if the contract were entered into by the promoters of the non-existing company on its behalf - Companies Act, 1956 - s. 149 (4) - Specific Relief E Act, 1963 - s. 15(h).
Judgments are the courts' own published copies, provided for study; they are not certified copies. Source: Indian Supreme Court & High Court Judgments, Dattam Labs (CC-BY-4.0)