SupremeToday Landscape Ad
Back
Next
Judicial Analysis Court Copy Headnote Facts Arguments Court observation
judgment-img

1998 Supreme(Bom) 597

Ved Prakash Gupta – Appellant
Versus
Municipal Corporation of Greater Bombay, through the Municipal Commissioner and others through the Municipal Commissioner and others – Respondent


JUDGMENT - M.B. SHAH, C.J.:---Both these Appeals can conveniently be disposed of by a common judgment.

2.These appeals are filed against the judgment and order dated 23rd April 1998 passed by the learned Single Judge in Arbitration Suits Nos. 3285 of 1995 and 3286 of 1995. It was contended before the learned Single Judge that the appellant's (original plaintiff) tender for the work of concreting of R.C. Marg, Chembur, Bombay, was accepted by the B.M.C. in the year 1992. As large amount was locked up by respondent No. 1-Corporation, the appellant (original plaintiff), by his letter dated 16-5-1994, addressed to respondent No. 3, requested for referring the dispute to arbitration. As the said request was not acceded to, the aforesaid Arbitration suits were filed by the appellant (original plaintiff) with a prayer for referring the matter to arbitration. The learned Single Judge, after considering clauses upon which the reliance was placed by the learned Counsel for the appellant, arrived at the conclusion that there was no arbitration agreement between the parties.

3.In our view, the decision of the learned Single Judge, cannot, in any way, be said to be illegal or erroneous. We would
























Click Here to Read the rest of this document
1
2
3
4
5
6
7
8
9
10
11
SupremeToday Portrait Ad
supreme today icon
logo-black

An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers

Please visit our Training & Support
Center or Contact Us for assistance

qr

Scan Me!

India’s Legal research and Law Firm App, Download now!

For Daily Legal Updates, Join us on :

whatsapp-icon telegram-icon
whatsapp-icon Back to top