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1 - 5 of 5 (0.19 seconds)Section 11 in The Arbitration And Conciliation Act, 1996 [Entire Act]
Vidya Drolia vs Durga Trading Corporation on 14 December, 2020
15. Vidya Drolia & Ors. (supra) has required the Court to examine
the prima facie validity of an arbitration agreement. In the facts of the
present case, the parties have not entered into an arbitration
agreement in writing. The parties have not executed a contract which
contains an arbitration agreement. In the facts of the present case, the
respondent did not award the contract as obtaining in the bid/tender
documents. The parties did not sign the contract. Therefore, it cannot
be said that there exists an arbitration agreement in writing between
the parties.
M/S N.N. Global Mercantile Private ... vs M/S Indo Unique Flame Ltd. on 11 January, 2021
12. Vidya Drolia & Ors. (supra) has been questioned on a different
point in N.N. Global Mercantile Pvt. Ltd. (supra).
Dresser Rand S.A vs Bindal Agro Chem Ltd And K. G. Khosla ... on 12 January, 2006
In Dresser Rand S.A. (supra), the Supreme Court in the facts of
that case, has held that, parties agreeing upon the terms subject to
which a contract will be governed when made is not the same as
entering into the contract itself. A prelude to a contract should not be
confused with the contract itself. In the facts of the present case, the
parties had altered there material positions at the Notice Inviting
Tender stage. None of the parties have disclosed any evidence to
establish that they had entered into the contract as enclosed with the
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Notice Inviting Tender. The Notice Inviting Tender of the respondent
had made over the entire contract document to the intending bidders
so that the intending bidders become aware of the terms and
conditions of the contract and are in a position to make an effective
bid for the contract having known the parameters of the contract.
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