Back
MICHAEL ZOTHANKHUMA
Ms ATW (India) Pvt. Ltd. – Appellant
Versus
Union Of India – Respondent
JUDGMENT :
1. Heard Mr. R. Hussain, learned counsel for the petitioner. Also heard Mr. H. Gupta, learned CGC appearing for all the respondents.
2. The present application under Section 11(6) of the Arbitration and Conciliation Act, 1996 (hereinafter referred to as “the 1996 Act”), is for a reference of the dispute between the parties before a sole Arbitrator to be appointed by this Court. The petitioner’s case is that the respondent no.4 had floated Tender No.CE/CON/S-L/EMB/2005/64 for “Construction of Br. O.99 (New) span (1x4.0m RCC Arch Box) at Chainage 49.335 km and earthwork in filling in layers to form embankment at the approaches of the bridge including other ancillary work between station Dihakho-Mupa on permanent diversion in connection with Lumding-Silchar Gauge conversion project.”
3. The petitioner was selected for the contract work and accordingly, a contract agreement dated 02.03.2007 was executed between the parties at a total cost of Rs.4,30,95,325/-. The time for completion of the contract work was 18 months, i.e., on or before 21.09.2007. The petitioner’s further case is that he successfully completed the contract work on 27.03.2012, after being granted various extens
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 main legal point established in the judgment is that all disputes capable of resolution by arbitration should be referred to the Arbitral Tribunal, and the scope of examination by the Court exerc....
Scope of judicial review by court while deciding an application under Sections 8 or 11 of Arbitration Act, post amendments by Act 3 of 2016 (with retrospective effect from 23-10-2015) and even post a....
The claims were notified within the stipulated period and submitted along with the final bill in accordance with Clause 6.6.3.0 of the GCC, making the disputes arbitrable under Clause 9.1.0.0.
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
