ANDHRA PRADESH HIGH COURT
Sri Syed Shah Mohammed Quadri, J
M/s.Krebs Bio Chemicals and Industries Limited – Appellant
Versus
Nannapaneni Venkatrao Co-operative Sugars Limited – Respondent
| Table of Content |
|---|
| 1. introduction of arbitration application and background. (Para 1 , 2 , 3) |
| 2. legal challenge against the contract's validity. (Para 4 , 5) |
| 3. government opposition to arbitration and rationale. (Para 6 , 7) |
| 4. court's jurisdiction discussed in arbitration context. (Para 8 , 9) |
| 5. conclusion on the enforceability of the arbitration clause. (Para 25 , 28) |
1. This application under S.11 (6) of the Arbitration and Conciliation Act, 1996 (the Arbitration Act, for brevity) is filed by M/s.Krebs Bio Chemicals and Industries Limited (hereafter called, KREBS), Hyderabad, for appointment of sole arbitrator of resolving dispute between KREBS and Nannapaneni Venkatrao Co - operative Sugars Limited, Jampani (hereafter called, Society), a society registered under the Andhra Pradesh Co - operative Societies Registration Act, 1964 (Co - operative Act, for brevity), which owns a sugar factory at Jampani, Vemuru Mandal in Guntur District. The dispute between parties is in relation to Sale and Purchase Agreement (SPA), whereby and whereunder Society agreed to sell assets of sugar factory for a sum of Rs. 18.09 crores (Rupees eighteen crore and nine lakhs only). Clause 25 of SPA, dated
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