NDLI: Dhv Bv Vs. Tahal Consulting Engg. Ltd. & Ors.

Dhv Bv Vs. Tahal Consulting Engg. Ltd. & Ors.

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Dhv Bv Vs. Tahal Consulting Engg. Ltd. & Ors.

Content Provider	Supreme Court of India
e-ISSN	30484839
Language	English
Access Restriction	NDLI
Subject Keyword	Arbitration Petition
Content Type	Text
Resource Type	Law Judgement
Jurisdiction	India
Case Type	Arbitration Petition
Court	Supreme Court of India
Disposal Nature	Petition Disposed Off
Headnote	Arbitration and Conciliation Act, 1996: s.11 - Appointment of arbitrator - Powers of appointing authority - Nature and scope of - Held: For the purpose of deciding whether arbitral procedure is to be set into motion or not, the CJ or his designate has to examine and record his satisfaction that an arbitration agreement exists between parties and that in respect of the agreement a live issue, to be decided between parties, still exists - On being so satisfied, he may allow the application and appoint an arbitral tribunal or a sole arbitrator, as the case may be - However, if he finds and is convinced that the claim is a dead one or is patently barred by time, he may hold so and decline the request for appointment of an Arbitrator.s.11(6) - Application for appointment of arbitrator after completion of contract - Consultancy contract - Agreement between parties stipulating income tax liability to be borne by employer on payments to be made by it to consultant - After completion of contract and payments received for services rendered, consultant received notice from Income Tax Department u/s 148 of Income Tax Act - Claim regarding payment of Income Tax on remittance made by employer to consultant in respect of the contract - On the questions: (i) Whether after completion of contract there is still an enforceable arbitration agreement between the parties and (ii) whether claim of consultant was stale and barred by limitation - Held: It was performance of contract that had come to an end, but contract is still in existence insofar as the dispute arising under clause 1.10 thereof, i.e., liability to pay income tax on payments made to consultant, is concerned - An enforceable arbitration agreement exists between the parties - Claim made by consultant in respect of income tax dues would fall within the ambit of arbitration agreement between parties - Subsequent creation of an additional payment by Income Tax Department in respect of payment by employer to consultant has given rise to a live dispute requiring settlement between parties in terms of arbitration agreement - Thus, prima facie, claim made by consultant is not barred by limitation - Therefore, application allowed - Arbitrator appointed.
Judge	Hon'ble Mr. Justice D.K. Jain
Neutral Citation	2007 INSC 912
Petitioner	Dhv Bv
Respondent	Tahal Consulting Engg. Ltd. & Ors.
SCR	[2007] 9 S.C.R. 921
Judgement Date	2007-09-12
Case Number	17

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