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.11 (6) - Appointment of arbitrator |
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) - Appointment of arbitrator - Dispute between the parties - Respondent seeking appointment of arbitrator - Resisted by appellant on the ground that the agreement did not provide for arbitration - Held: Clause 48 of the agreement provided that when disputes or differences of any kind arise between the parties relating to the performance of the works during progress of the works or after its completion or before or after the termination, abandonment or breach of the contract, it is to be referred to and settled by the engineer - There is also a stipulation that his decision in respect of every matter so referred to shall be final and binding upon the parties until the completion of works and is required to be given effect to by the contractor who shall proceed with the works with due diligence - This clause did not provide any procedure to even remotely indicate that the concerned engineer was required to act judicially as an adjudicator by following the principles of natural justice or to consider the submissions of both the parties - This only depict that the said clause was engrafted to avoid delay and stoppage of work and facilitate smooth carrying on of the work - The language employed in the clause did not spell out the intention of the parties to get the disputes adjudicated through arbitration - Apart from that clause 4.1 of the agreement stated that it was specifically agreed by and between the parties that all the differences or disputes arising out of the Agreement or touching the subject matter of the Agreement would be decided by a competent Court at Bangalore - Thus, clause 48, read in conjunction with clause 4.1, clearly established that there was no arbitration clause in the agreement. |
Judge | Honble Mr. Justice Dipak Misra |
Neutral Citation | 2014 INSC 258 |
Petitioner | Karnataka Power Transmission Corporation Limited And Another |
Respondent | M/s. Deepak Cables (india) Ltd. |
SCR | [2014] 4 S.C.R. 771 |
Judgement Date | 2014-04-07 |
Case Number | 4424 |
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