Back
FIRDOSH P. POONIWALLA
Kalpataru Projects International Ltd. – Appellant
Versus
Municipal Corporation of Greater – Respondent
JUDGMENT :
This Application has been filed under the provisions of Section 11 of the Arbitration and Conciliation Act, 1996 (“the said Act”).
2. Respondent No.1 issued an E-Tender Notice dated 25th January, 2016, inviting bids for the construction of the Ghatkopar-Mankhurd Link Road Flyover (“GMLR flyover”) for the tender amount of Rs.313,85,05,635.80/-. The scope of work as described in the Tender Documents included the construction of (a) the GMLR flyover (b) three foot over bridges at Indian Oil Nagar, Rising City and Baiganwadi junction respectively and (c) a vehicular underpass at Mohite Patil Nagar Junction.
3. The Applicant submitted its bid in response to the said Tender, which was accepted by Respondent No.1 vide Resolution No. 1275 dated 21st December, 2016 passed by Respondent No.1’s Standing Committee. Respondent No.1 awarded the contract to the Applicant by a Letter of Acceptance dated 26th December, 2016.
4. Respondent No.1, thereafter, issued a Work Order No.7803 dated 28th December, 2016. Since the Tender Documents prescribed a time period of 30 months for the compl
Point of Law : The very purpose of the A & C Act is to enable a party to invoke an arbitration clause at the earliest and for the arbitration to be completed at the earliest.
Prima facie arbitration agreement via GCC clauses 24-25; termination disputes arbitrable sans appointed DRE or applicable pre-steps; court appoints arbitrator under s.11 despite departmental remedies....
The main legal point established in the judgment is that the absence of specific terms like 'arbitration' or 'arbitrator' in the clauses and the provision of departmental remedies indicated the absen....
The Court's jurisdiction under Section 11(6) of the 1996 Act is limited to examining the existence and validity of an arbitration agreement, and the Court may reject claims that are manifestly non-ar....
The Court emphasized the importance of examining the existence and validity of an arbitration agreement at the referral stage and the rejection of manifestly non-arbitrable claims.
The court upheld the arbitral tribunal's authority to decide disputes not found in the Adjudicator's decision, and found no grounds to interfere with the Arbitral Award under Section 34 of the Arbitr....
Appointment of Sole Arbitrator – When there is a reference in second contract to terms and conditions of first contract, arbitration clause would not ipso facto be applicable to second contract unles....
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
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
