Supreme Court · 2020 INSC 345 · Decided 22 April 2020

National Agricultural Cooperative Marketing Federation of India v. Alimenta S.A.

Court
Supreme Court of India
Citation
2020 INSC 345 · [2020] 7 S.C.R. 789
Case number
CIVIL APPEAL No. 667/2012
Decided
22 April 2020
Bench
ARUN MISHRA, M.R. SHAH (2-judge bench)
Outcome
Appeal(s) allowed
Case type
Civil
Acts & sections cited
Contract Act Section 32, 56

Headnote

Foreign Awards (Recognition and Enforcement) Act, 1961: s.7 - Agreement between NAFED and Alimenta S.A. for export of groundnut (commodity) for the season 1979-80 - Agreement contained arbitration clause - Terms and conditions were as per FOSFA 20 contract, a standard form NAFED was a canalizing agency for the Government of India for export of commodity - Clause 14 in the agreement was that in case of prohibition of export by executive order or by law, the agreement would be treated as cancelled - NAFED could not export the entire quantity due to damage

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