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 |
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 ~ Work contract — To appellant-contractor, by Government — After completion of work, payment of undisputed part of final bill on 10.4.2001 — As per the contract defect liability period was two years, during which recovery could be made from the contractor - On 23.2.2005 contractor served notice to the Government raising other claims which were disputed — Claim denied — Letter by contractor to Government for appointment of arbitrator as per the contract — Thereafter application w/s.1l filed — Rejection of application by the Chief Justice of High Court on the ground that the claim was not a live claim and the notice dated 23.2.2005 was time-barred — On appeal, held: The Chief Justice since cxercises judicial power while deciding application u/s. 11, can examine the question as to whether the claim survives or needs to be adjudicated — But a claim can be held to be a dead claim only when the claim is evidently and patently long time-barred and there is no need for any detailed consideration of evidence — In the present case there was a dispute which needed adjudication after looking into all relevant documents, which could have been appropriately examined by Arbitral Tribunal — Case remitted to Designated Judge for appointment of the arbitrator. |
Judge | Hon'ble Mr. Justice Ashok Bhushan |
Neutral Citation | 2016 INSC 454 |
Petitioner | M/s. Emm Enn Associates |
Respondent | Commander Works Engineer & Ors. |
SCR | [2016] 5 S.C.R. 503 |
Judgement Date | 2016-06-29 |
Case Number | 7184 |
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