Content Provider | Supreme Court of India |
---|---|
e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Arbitration and Conciliation Act 1996 – s.11 |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Act(s) Referred | Arbitration and Conciliation Act, 1996 (26 of 1996) |
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.11 – Exercise of power under – When not justified – Appellant awarded contract to respondent no.1 – On 21.09.2012, respondent no.1 submitted No Dues/No Claim Certificate – On 10.10.2012, appellant made payment of final bill to respondent no.1 – On 24.10.2012, respondent no.1 withdrew the No Dues Certificate stating that it was furnished under duress and coercion – Vide letter dtd. 12.01.2013 to appellant, respondent no.1 submitted claim of Rs. 96,88,48,642/- as losses incurred during execution of the contract, denied by appellant – Respondent no.1 sent notice to the appellant for resolving the dispute through Arbitration, request denied by appellant – Petition u/s.11 filed by respondent no.1 before High Court, allowed – Held: Admittedly, No-Dues Certificate was submitted by respondent no.1 on 21.09.2012 and on their request Completion Certificate was issued by appellant – There is nothing on record to prove that the said Certificate was given under duress or coercion– After a gap of one month, i.e. on 24.10.2012, respondent no.1 withdrew the No Dues Certificate on grounds of coercion and duress – Claim for losses incurred during execution of the contract was made on 12.01.2013, i.e., after a gap of 3½ months, whereas the Final Bill was settled on 10.10.2012 which was mutually signed by both the parties – When respondent no.1 accepted the final payment in full and final satisfaction of all its claims, there was no point in raising the claim for losses incurred during the execution of the Contract at a belated stage which creates an iota of doubt as to why such claim was not settled at the time of submitting Final Bills – The story about duress was an afterthought in the background that the losses incurred during the execution of the Contract were not visualised earlier by respondent No.1 – Mere allegation that no-claim certificate was obtained under financial duress and coercion does not lead to an arbitrable dispute – No arbitrable dispute existed so as to exercise power u/s.11 – High Court was not justified in exercising power u/s.11 – Contract. |
Judge | Hon'ble Mr. Justice R.K. Agrawal |
Neutral Citation | 2018 INSC 111 |
Petitioner | M/s Ongc Mangalore Petrochemicals Ltd. |
Respondent | M/s Ans Constructions Ltd. & Anr. |
SCR | [2018] 2 S.C.R. 598 |
Judgement Date | 2018-02-07 |
Case Number | 1659 |
National Digital Library of India (NDLI) is a virtual repository of learning resources which is not just a repository with search/browse facilities but provides a host of services for the learner community. It is sponsored and mentored by Ministry of Education, Government of India, through its National Mission on Education through Information and Communication Technology (NMEICT). Filtered and federated searching is employed to facilitate focused searching so that learners can find the right resource with least effort and in minimum time. NDLI provides user group-specific services such as Examination Preparatory for School and College students and job aspirants. Services for Researchers and general learners are also provided. NDLI is designed to hold content of any language and provides interface support for 10 most widely used Indian languages. It is built to provide support for all academic levels including researchers and life-long learners, all disciplines, all popular forms of access devices and differently-abled learners. It is designed to enable people to learn and prepare from best practices from all over the world and to facilitate researchers to perform inter-linked exploration from multiple sources. It is developed, operated and maintained from Indian Institute of Technology Kharagpur.
Learn more about this project from here.
NDLI is a conglomeration of freely available or institutionally contributed or donated or publisher managed contents. Almost all these contents are hosted and accessed from respective sources. The responsibility for authenticity, relevance, completeness, accuracy, reliability and suitability of these contents rests with the respective organization and NDLI has no responsibility or liability for these. Every effort is made to keep the NDLI portal up and running smoothly unless there are some unavoidable technical issues.
Ministry of Education, through its National Mission on Education through Information and Communication Technology (NMEICT), has sponsored and funded the National Digital Library of India (NDLI) project.
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 |