Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | ARBITRATION AND CONCILIATON ACT 1996: |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Allowed |
Headnote | ARBITRATION AND CONCILIATION ACT, 1996: s. 11 (6) - Application before High Court for appointment of arbitrator - Agreement between employer SCOPE and appellant contractor - Clause 25 of agreement bearing arbitration clause - Appellant engaging respondent sub-contractor - Application by respondent for appointment of arbitrator - Allowed by High Court - Held: SCOPE being Principal/Employer of appellant, the liability for honouring the claim of respondent was that of SCOPE and appellant was not supposed to make any payment from its coffers - Further, by virtue of first supplementary agreement, the modalities of settling the dispute between parties underwent a significant change - It was unambiguously provided that in view of arbitration between appellant and SCOPE, pertaining to claims of respondent as well, even if the disputes between the appellant and the respondent were deemed to have been settled and were not referable to arbitration again between these two parties Order of High Court is set aside - In view of subsequent developments after the decision of the High Court, when the final bill is almost at the stage of finalization, the only aspect that can be taken care of at this stage is to hasten the process of arbitration, in case after the passing of the final bill by SCOPE, some claims of respondent still survive -- Directions issued accordingly to balance the equities. |
Judge | Hon'ble Mr. Justice Arjan Kumar Sikri |
Neutral Citation | 2014 INSC 130 |
Petitioner | M/s. Larsen & Toubro Ltd. |
Respondent | M/s. Mohan Lal Harbans Lal Bhayana |
SCR | [2014] 3 S.C.R. 162 |
Judgement Date | 2014-02-25 |
Case Number | 7586 |
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