D.K.KAPUR, D.P.WADHWA
SHAH CONSTRUCTION COMPANY LIMITED – Appellant
Versus
MUNICIPAL CORPORATION OF DELHI – Respondent
( 1 ) THE contractor (M/s. Shah Construction Company Limited) has filed the present appeal against the decision of the learned single judge (Sultan Singh, J.), allowing an application of the respondent Corporation (Municipal Corporation of Delhi) under S. 20 of the Arbitration Act (for short the Act ).
( 2 ) TO the application , the contractor had raised various objections. The court framed the following issues: 1. whether the petition is within time ? 2. Whether the claims are barred by the principles, of res judicata ? 3. Whether any valid arbitration agreement is subsisting between the parties ? 4. If issue No. 3 is found in favour of the petitioner, then are the disputes between the parties liable to be referred for arbitration ? 5. Relief.
( 3 ) ISSUE Nos. 1 and 2 were treated as preliminary issues and were decided by a judgment dated 22nd December 1978. Both the issues were decided against the contractor. The other issues were decided by a judgment dated 10th July 1979. These v/ere also decided against the contractor. The present appeal is directed against both these Judgments.
( 4 ) THE facts are bried and may be stated. The tender of the contractor for the con
REFERRED TO : Kerala State Electricity Board v. T. S. Kunhaliumnia
U.O.I, v. Vijay Construction Co.
U.O.I, v. Birla Cotton Spinning and Weaving Mills Ltd.
V. G. Ghawda Pvt. Ltd. v. U.O.I
Jiwani Engineering Works v. U.O.I.
Cannon Dunktreley and Co. v. UOI
Login now and unlock free premium legal research
Login to SupremeToday AI and access free legal analysis, AI highlights, and smart tools.
Login
now!
India’s Legal research and Law Firm App, Download now!
Copyright © 2023 Vikas Info Solution Pvt Ltd. All Rights Reserved.