Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Arbitration and Conciliation Act 1996: s. 23(2A) – Statements of claim and defence |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Case(s) Referred | Referred Case 0 Referred Case 1 Referred Case 2 Referred Case 3 |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Allowed |
Headnote | Arbitration and Conciliation Act, 1996: s. 23(2A) – Statements of claim and defence – Contract between appellant (NHAI) and the respondent company – Dispute between the parties referred to the arbitrator – Application u/s. 23(2A) by the appellant to permit them to place on record its counter claim – Rejection of, by the tribunal as also the High Court – On appeal, held: When there is a provision for filing the counter claim-set off, which is expressly inserted in s. 23, there was no reason for curtailing the right of the appellant for making the counter claim or set off – If the counter claim made by the appellant is not allowed in the proceedings arising out of the claims made by the respondent, it may lead to parallel proceedings before various fora – It would defeat the object and purpose of permitting to file the counter claim/set off as provided u/s. 23(2A) – Furthermore, the appellant reserved its right to claim the damages and even in the Statement of Defence also claimed such a set off of Rs.1.23 crores – Thus, the High Court on a narrow interpretation of Clause 26 of the Contract erred in rejecting the application – Order passed by the arbitral tribunal and the High Court quashed and set aside. |
Judge | Hon'ble Mr. Justice M.R. Shah |
Neutral Citation | 2022 INSC 680 |
Petitioner | National Highway Authority Of India |
Respondent | Transstroy (india) Limited |
SCR | [2022] 6 S.C.R. 948 |
Judgement Date | 2022-07-11 |
Case Number | 6732 |
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