Back
SURESH KUMAR KAIT
S. P. Singla Constructions Private Limited – Appellant
Versus
Construction And Design Services, Uttar Pradesh Jal Nigam – Respondent
JUDGMENT :
1. Petitioner- S.P. Singla Constructions Private Limited claims to be one of the most reputed construction company specialized in construction of bridges and other projects across the country. Respondent- Construction and Design Services, a 100% undertaking of Government of Uttar Pradesh, claims to be providing construction and design Services.
2. Respondent had invited proposals for Qualification cum Request for Proposal dated 06.04.2016 to undertake design, engineering, procurement and construction of a dedicated corridor (4 lane including extra-dosed bridge across River Ganga) for old and differently-abled persons during Kumbh and Magh Mela at Sangam, Allahabad, UP, India. Petitioner participated in the bidding process and was adjudged as the successful bidder with the lowest bid. Therefore, respondent had issued a Letter of Award dated 03.01.2017 in favour of the petitioner and a formal Contract dated 08.02.2017 was executed between the parties.
3. Petitioner claims that the value of the Contract was Rs.984,53,75,000/- (Rupees Nine Hundred Eighty-Four Crores, Fifty-Three Lacs Seventy-Five Thousand Only) and the project was to be concluded within a period of 30 months fo
Arbitration - Place of arbitration - Arbitral tribunal may, after consulting the ICADR, meet at any place it considers appropriate for consultation among its members, for hearing witnesses, experts o....
Point of law : Seat of Arbitration - What constitutes the ‘seat’ of arbitral proceedings - the intention of the parties is germane and that can be gathered from Contract.
The main legal point established in the judgment is the significance of the seat of arbitration in conferring jurisdiction on Courts in arbitration proceedings.
Point of Law : There was concurrent jurisdiction conferred on the courts ceased with subject matter in dispute and the courts where arbitration was carried out.
The designation of 'venue' in an arbitration clause does not imply the 'seat' of arbitration, which must be expressly specified; exclusive jurisdiction remains with civil courts at the location defin....
The determination of the arbitration 'seat' and 'venue' is critical; if the 'venue' does not specify a 'seat', jurisdiction lies with the designated court under the arbitration agreement.
The main legal point established in the judgment is the significance of the seat of arbitration in determining the territorial jurisdiction under the Arbitration and Conciliation Act.
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
