NDLI: Union of India Vs. Parmar Construction Company

Content Provider	Supreme Court of India
e-ISSN	30484839
Language	English
Access Restriction	NDLI
Subject Keyword	Work contract Arbitration and Conciliation Act to appoint the arbitrator No Due Certificate in terms of the agreement s. 11(6) 1996
Content Type	Text
Resource Type	Law Judgement
Jurisdiction	India
Act(s) Referred	Arbitration and Conciliation (amendment) Act, 2015 (3 of 2016) Arbitration and Conciliation Act, 1996 (26 of 1996)
Case(s) Referred	Referred Case 0 Referred Case 1 Referred Case 2 Referred Case 3 Referred Case 4 Referred Case 5 Referred Case 6 Referred Case 7 Referred Case 8 Referred Case 9 Referred Case 10 Referred Case 11
Case Type	Appeal
Court	Supreme Court of India
Disposal Nature	Appeal Disposed Off
Headnote	Arbitration and Conciliation Act, 1996: s. 11(6) – Work contract – Dispute between the parties – In view of arbitration clause in the agreement, notice sent by respondent contractor to appellant to appoint an arbitrator invoking clause of the contract to resolve the dispute of payment of outstanding dues – Rejected by the appellants submitting that “No Due Certificate” was signed and that entails no dispute to be sent to arbitration – Subsequently, application u/s. 11(6) by the respondent before the High Court for appointment of independent arbitrator – High Court appointed a retired judge of the High Court as an independent Arbitrator – On appeal, held: Emphasis should be on the agreed terms and to first resort to the procedure as prescribed and open for the parties to the agreement to settle differences/disputes arising under the terms of the contract through appointment of a designated arbitrator – Independence and impartiality of the arbitrator has never been doubted but where it is in doubt or where the arbitral tribunal appointed in terms of the arbitration agreement has not functioned, or has failed to conclude the proceedings or to pass an award without assigning any reason, it becomes necessary to make a fresh appointment – On facts, notice sent by respondent much prior to enforcement of the Amendment Act, 2015, thus, the provisions of the Act of 2015 not applicable – High Court was not justified in appointing an independent arbitrator without resorting to the procedure for appointment of an arbitrator prescribed under the clause of the contract under the inbuilt mechanism as agreed by the parties – Orders passed by the High Court quashed and set aside – Appellants directed to appoint the arbitrator in terms of the agreement – Arbitration and Conciliation(Amendment Act), 2015.
Judge	Hon'ble Mr. Justice Ajay Rastogi
Neutral Citation	2019 INSC 438
Petitioner	Union Of India
Respondent	Parmar Construction Company
SCR	[2019] 5 S.C.R. 1009
Judgement Date	2019-03-29
Case Number	3303

Sl.	Authority	Responsibilities	Communication Details
1	Ministry of Education (GoI), Department of Higher Education	Sanctioning Authority	https://www.education.gov.in/ict-initiatives
2	Indian Institute of Technology Kharagpur	Host Institute of the Project: The host institute of the project is responsible for providing infrastructure support and hosting the project	https://www.iitkgp.ac.in
3	National Digital Library of India Office, Indian Institute of Technology Kharagpur	The administrative and infrastructural headquarters of the project	Dr. B. Sutradhar bsutra@ndl.gov.in
4	Project PI / Joint PI	Principal Investigator and Joint Principal Investigators of the project	Dr. B. Sutradhar bsutra@ndl.gov.in Prof. Saswat Chakrabarti will be added soon
5	Website/Portal (Helpdesk)	Queries regarding NDLI and its services	support@ndl.gov.in
6	Contents and Copyright Issues	Queries related to content curation and copyright issues	content@ndl.gov.in
7	National Digital Library of India Club (NDLI Club)	Queries related to NDLI Club formation, support, user awareness program, seminar/symposium, collaboration, social media, promotion, and outreach	clubsupport@ndl.gov.in
8	Digital Preservation Centre (DPC)	Assistance with digitizing and archiving copyright-free printed books	dpc@ndl.gov.in
9	IDR Setup or Support	Queries related to establishment and support of Institutional Digital Repository (IDR) and IDR workshops	idr@ndl.gov.in

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