Back
MICHAEL ZOTHANKHUMA
Beaver Infra Consultants 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/A-S/DDC/2017/03 for the works of Detailed Design and Construction Supervision for one Tunnel & Cut and cover by ADECO-Rs method from Ch. Km 83/378.00 to ch. KM 84/128.00 total length of 750 mtr. (approx.) in connection with the construction of New BG Railway Line Project from Agartala to Sabroom.
3. The petitioner was selected for the contract work and accordingly, a contract agreement dated 25.01.2018 was executed between the parties at a total cost of Rs.4,77,82,093.90/-. The time for completion of the contract work was 18.03.2018. The petitioner’s further case is that he successfully completed the contract work after being granted various extensions by the respondents. The dispute arose between the parties, as settlement an
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'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 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....
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
