Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | 7(3) - Contract of arbitration Arbitration and Conciliation Act 1996 - ss. 34 |
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 - ss. 34, 7(3) - Contract of arbitration - Dispute pertaining to the amount payable to the contractor in relation to extra work done by the contractor - Amount payable to the contractor not final since dispute not decided by the Chief Engineer - Though some amount paid but accepted under protest by the contractor - In terms of the contract clause, said dispute specifically not arbitrable - However, "excepted matter" referred to arbitrator - Arbitrator deciding the issue holding that the same were not excepted matters but arbitrable - Held: Arbitration arises from a contract and unless there is a specific written contract, a contract with regard to arbitration cannot be presumed - As per the Contract clause, arbitrator could nof arbitrate upon theĀ· excepted disputes - If a non-arbitrable dispute is referred to an Arbitrator and an issue is framed by the Arbitrator in relation thereto, there cannot be a presumption or a conclusion to the effect that the parties had agreed to refer the issue to the Arbitrator - Award regarding non-arbitrable dispute quashed and set aside - Liberty granted to the contractor to take appropriate legal action for recovery ol payment for work done not forming part of the contract.. |
Judge | Hon'ble Mr. Justice Anil R. Dave |
Neutral Citation | 2014 INSC 606 |
Petitioner | M/s. Harsha Constructions |
Respondent | Union Of India & Ors. |
SCR | [2014] 7 S.C.R. 668 |
Judgement Date | 2014-09-05 |
Case Number | 534 |
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