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Arbitration Act, 1940

389 judgments · newest first · showing 1–200

C. VELUSAMYversusK INDHERA

2026 INSC 112Case Allowed

The appellant, C. Velusamy, and the respondent, K Indhera, entered into three sale agreements that later gave rise to arbitration. A sole arbitrator was appointed, and pleadings were completed on 20‑08‑2022, starting the 12‑month period for award under s.29A(1) of the Arbitration and Conciliation …

M/S INTERSTATE CONSTRUCTIONversusNATIONAL PROJECTS CONSTRUCTION CORPORATION LTD.

2025 INSC 699Appeal(s) allowed

The appellant, M/s Interstate Construction, executed work orders for a power project for the respondent, NPCC, and later disputed certain recoveries, leading to arbitration. The arbitral tribunal awarded the appellant principal sum plus interest, distinguishing pre‑reference, pendente‑lite and …

ADAVYA PROJECTS PVT. LTD.versusM/S VISHAL STRUCTURALS PVT. LTD. & ORS

2025 INSC 507Appeal(s) allowed

The appellant and respondent No.1 formed an LLP governed by an agreement containing an arbitration clause (Clause 40). Disputes arose over the ITF project, and the appellant issued a Section 21 notice of arbitration only to respondent No.1 and filed a Section 11 application appointing an arbitrator, …

M/S FERRO CONCRETE CONSTRUCTION (INDIA) PVT. LTD.versusTHE STATE OF RAJASTHAN

2025 INSC 429Appeal(s) allowed

M/s Ferro Concrete Construction (India) Pvt. Ltd. entered into a works contract with the State of Rajasthan that contained Clause 22 prohibiting the contractor from claiming any interest on payments, arrears or balances. Disputes led to arbitration under the Arbitration Act, 1940, where the …

NORTH DELHI MUNICIPAL CORPORATIONversusM/S S.A. BUILDERS LTD.

2024 INSC 988Dismissed

The North Delhi Municipal Corporation (appellant) contracted with M/s S.A. Builders Ltd. (respondent) for construction work, which was not completed and led to a dispute. An arbitrator awarded Rs. 1,70,70,720.80 with simple interest and later issued a clarification on 15 March 2005 regarding …

M/S ARIF AZIM CO. LTD.versusM/S MICROMAX INFORMATICS FZE

2024 INSC 850Dismissed

M/s Arif Azim Co. Ltd., an Afghan distributor, entered into a 2010 distributorship agreement with M/s Micromax Informatics FZE (UAE) that contained an arbitration clause designating Dubai as the venue and subjecting the arbitration to UAE Arbitration and Conciliation rules. After a credit dispute, …

ROHAN BUILDERS (INDIA) PRIVATE LIMITEDversusBERGER PAINTS INDIA LIMITED

2024 INSC 686Directions issued

Rohan Builders sought an extension of time under Section 29A of the Arbitration and Conciliation Act, 1996 after the statutory twelve‑month period (or the six‑month consent‑based extension) for making an arbitral award had expired. The Calcutta High Court had held that such an application was not …

PAM DEVELOPMENTS PRIVATE LIMITEDversusTHE STATE OF WEST BENGAL & ANR.

2024 INSC 628

Pam Developments Private Ltd entered into a work contract with the State of West Bengal for road widening, which was completed after a five‑month delay. The contractor claimed several sums, including labour charges for uneconomical stoppage, interest on delayed payment of running‑account bills, and …

M/S D. KHOSLA AND COMPANYversusTHE UNION OF INDIA

2024 INSC 587Dismissed

The petitioner, M/s D. Khosla & Co., obtained an arbitration award in 1997 that granted simple interest of 12% for the pre‑award period and 15% for the post‑award period, both described as payable on the "amount awarded" (the principal compensation of Rs.21,56,745). The petitioner later claimed that …

M/S. S.D. SHINDE TR. PARTNERversusGOVT. OF MAHARASHTRA AND ORS

2023 INSC 751Appeal(s) allowed

The appellant, a construction contractor, entered into a contract with the Government of Maharashtra for earth work on a canal, which was not completed within the stipulated 18 months and required several extensions. After disputes over payment arose, the contractor sought appointment of an …

K. ARUMUGA VELAIAHversusP.R. RAMASAMY AND ANR.

2022 INSC 103Dismissed

The appellant‑plaintiff, K. Arumuga Velaiyah, claimed a one‑fourth share in ancestral joint family property based on a 1994 will of his grandfather, Periyaiya Servai, and sought partition and separate possession. The lower courts dismissed the suit, holding that a partition had already been effected …

M/S LAXMI CONTINENTAL CONSTRUCTION CO.versusSTATE OF U.P. & ANR.

2021 INSC 498Appeal(s) allowed

The appellant, M/s Laxmi Continental Construction Co., entered into a contract with the State of Uttar Pradesh that contained an arbitration clause (Clause 52) appointing a sole arbitrator who must be a Superintending Engineer or higher. The appointed arbitrator, Shri S.S. Manocha, retired during …

SESH NATH SINGH & ANR.versusBAIDYABATI SHEORAPHULI CO-OPERATIVE BANK LTD. AND ANR.

2021 INSC 199Dismissed

The petitioners, Sesh Nath Singh and others, challenged the National Company Law Tribunal's (NCLT) order admitting a Section 7 application by Baidyabati Sheoraphuli Co‑operative Bank to initiate corporate insolvency resolution against the corporate debtor. The issue was whether the three‑year …

NTPC LTD.versusM/S. DECONAR SERVICES PVT. LTD.

2021 INSC 148Dismissed

The dispute arose from two construction contracts awarded by NTPC Ltd. to M/s Deconar Services, wherein a 16% rebate was offered on the condition of simultaneous execution of both projects. The arbitrator held that the rebate was conditional and that NTPC's delay in handing over sites breached that …

CHINTELS INDIA LTD.versusBHAYANA BUILDERS PVT. LTD.

2021 INSC 76Appeal(s) allowed

Chintels India Ltd. filed an application under section 34 of the Arbitration and Conciliation Act, 1996 to set aside an arbitral award, but the single judge of the Delhi High Court refused to condone the delay in filing the application and dismissed it. The appellant challenged that order by …

AVITEL POST STUDIOZ LIMITED & ORS.versusHSBC PI HOLDINGS (MAURITIUS) LIMITED

2020 INSC 498Disposed off

Avitel Post Studioz Ltd and its promoters invested USD 60 million in HSBC based on alleged representations that Avitel would secure a lucrative BBC contract, which later proved to be fictitious. HSBC obtained interim awards and a foreign final award from a Singapore tribunal finding the appellants …

DECCAN PAPER MILLS CO. LTD.versusREGENCY MAHAVIR PROPERTIES & ORS.

2020 INSC 497Dismissed

Deccan Paper Mills entered into a development agreement with Ashray, which was later assigned to Regency Mahavir Properties containing an arbitration clause. Deccan alleged fraud by a partner of Regency and filed a suit under the Specific Relief Act, seeking cancellation of the 2006 agreement and a …

FIRM RAJASTHAN UDYOG & ORS.versusHINDUSTAN ENGINEERING & INDUSTRIES LTD.

2020 INSC 362Appeal(s) allowed

The appellant partnership firm owned 249.60 bighas of land that was slated for acquisition by the State of Rajasthan for the benefit of the respondent company. An agreement dated 01.02.1980 provided that about 145 bighas would be sold to the respondent, with the price to be fixed by arbitration. The …

CHANDIGARH CONSTRUCTION CO. PVT. LTDversusSTATE OF PUNJAB & ANR.

2020 INSC 187Case Partly allowed

The contractor, Chandigarh Construction Co., entered into a contract with the State of Punjab for construction of the Sutlej Yamuna Link Canal and later claimed additional payment for extra work. An arbitrator awarded the claims using a 93.12% premium and 18% interest, but did not give reasons as …

BALWANT SINGH (D) THR. LR.versusDUNGAR SINGH (D) THR. LRS.

2020 INSC 172Disposed off

The brothers Balwant Singh and Dungar Singh disputed the partition of their father’s property and, by mutual consent, appointed three close relatives as arbitrators under an agreement dated 23‑11‑1981. The arbitrators passed a detailed award allocating houses, land, jewellery and cash, which was …

URMILA DEVI & ORS.versusBRANCH MANAGER, NATIONAL INSURANCE COMPANY LTD. & ANR.

2020 INSC 107Appeal(s) allowed

The claimants filed a claim under the Motor Vehicles Act after the husband/father suffered a road accident, and the Motor Vehicle Accidental Claim Tribunal ordered the National Insurance Company to pay Rs.2,47,500. The insurer appealed to the Patna High Court, challenging its liability to pay, and …

M/S GEO MILLER & CO. PVT. LTD.versusCHAIRMAN, RAJASTHAN VIDYUT UTPADAN NIGAM LTD.

2019 INSC 989Dismissed

The appellant, M/s Geo Miller & Co., sought appointment of an arbitrator under Section 11(6) of the Arbitration and Conciliation Act, 1996 for three water‑treatment contracts dated 1979‑1985, alleging non‑payment by the respondent. The respondent contended that the cause of action arose when the …

M/S SHAHI AND ASSOCIATESversusSTATE OF U.P. & ORS.

2019 INSC 875Appeal(s) allowed

M/s Shahi and Associates entered into a construction contract with the Uttar Pradesh government and invoked arbitration in 1999. The arbitrator awarded Rs. 17,86,339 with interest at 18% per annum under Section 31(7)(b) of the Arbitration and Conciliation Act, 1996. The District Judge and the …

BHAGWAN DAS GOEL (DEAD) THROUGH HIS LRS. & ORS.versusPYARE KISHAN AGARWAL

2019 INSC 464Appeal(s) allowed

The respondent sought appointment of an arbitrator under Section 20 of the Arbitration Act, 1940, invoking Clause 11 of a partnership deed of "Gupta Bus Service" dated 5 July 1960. The appellants objected, arguing that the partnership was unregistered and therefore barred by Section 69(3) of the …

M/S SHRIRAM EPC LIMITEDversusRIOGLASS SOLAR SA

2018 INSC 816Dismissed

The parties obtained an ICC arbitral award in London ordering RioGlass Solar to pay Shriram EPC Ltd €4.36 million. Shriram filed a petition under Section 47 of the Arbitration and Conciliation Act, 1996 to enforce the foreign award in India, while RioGlass contended that the award was unenforceable …

M/S KOHINOOR TRANSPORTERSversusSTATE OF UTTAR PRADESH

2018 INSC 731Disposed off

The dispute arose from an arbitral award dated 20 July 1984 under the Arbitration Act, 1940, which was made a rule of the court and later reduced in interest rate. The appellant sought execution of the award, and the State (respondent) deposited Rs 75,65,945, after which the executing court ordered …

M/S KOHINOOR TRANSPORTERSversusSTATE OF UTTAR PRADESH

2018 INSC 731

An arbitral award dated 20 July 1984, made a rule of the court in 1986, was being executed when the State of Uttar Pradesh deposited Rs 75,65,945 and was later directed by the executing court to deposit an additional Rs 1,25,16,969.56, which the State objected to. The State filed a civil revision, …

RELIANCE CELLULOSE PRODUCTS LTD.versusOIL AND NATURAL GAS CORPORATION LTD.

2018 INSC 623Disposed off

Reliance Cellulose Products Ltd. and ONGC entered into a contract for supply of CMC. A dispute arose over the price, which was referred to arbitration. The arbitrator fixed a higher price and awarded pre‑reference, pendente‑lite and future interest at 18% per annum. The Civil Judge reduced the …

M/S RAVEECHEE AND COversusUNION OF INDIA

2018 INSC 574Appeal(s) allowed

M/s Raveechee & Co. entered into a quarrying contract with the Union of India, which later gave rise to a dispute that was referred to arbitration on 26 September 1988. The Arbitral Tribunal awarded damages and, on the basis of being deprived of those sums during the pendency of the arbitration, …

PURUSHOTTAM S/O TULSIRAM BADWAIKversusANIL & ORS.

2018 INSC 446Appeal(s) allowed

The appellant and respondents entered into a partnership agreement in 2005 that contained an arbitration clause referring to the Indian Arbitration Act, 1940. The respondents filed a suit seeking injunction, and the appellant moved an application under Section 8 of the Arbitration and Conciliation …

M/S OSWAL WOOLLEN MILLS LTD.versusM/S OSWAL AGRO MILLS LTD.

2018 INSC 337Dismissed

The dispute between Oswal Woolen Mills Ltd. and Oswal Agro Mills Ltd. arose from a breach of an agency agreement and was referred to arbitration under the Arbitration Act, 1940. Two arbitrators could not agree on an award, so the matter was referred to an umpire who awarded damages to the …

BOARD OF CONTROL FOR CRICKET IN INDIAversusKOCHI CRICKET PVT. LTD. AND ETC.

2018 INSC 238Dismissed

The Board of Control for Cricket in India filed a Section 34 challenge to arbitral awards dated June 2015, and the award creditors sought execution. The award debtor argued that the pre‑amended Section 36 imposed an automatic stay on execution until the Section 34 petition was decided, while the …

VISHNU BHAGWAN AGRAWAL & ANR.versusNATIONAL INSURANCE CO. LTD.

2017 INSC 1054Appeal(s) allowed

The appellant, Vishnu Bhagwan Agrawal, insured jute stock with National Insurance Co. and later purchased additional jute, seeking an increase in the sum insured. The insurer did not formally acknowledge the increase, leading to a dispute over whether the policy was effectively amended and whether …

THE STATE OF JHARKHAND AND ORS.versusM/S. HINDUSTAN CONSTRUCTION CO. LTD.

2017 INSC 977Matter referred to larger bench

The Supreme Court, hearing Civil Appeal No. 1093 of 2006, examined whether it could entertain an application under Section 34 of the Arbitration and Conciliation Act, 1996 to make an arbitral award a rule of the Court when the Court itself had retained seisin over the arbitration proceedings. The …

M/S MISRA AND CO.versusDAMODAR VALLEY CORPORATION

2017 INSC 751Hearing Adjourned

MIS Misra & Co. was awarded Rs.5,78,873 by an arbitrator in 1988 for a construction contract with Damodar Valley Corporation (DVC). The Civil Court made the award a decree on 16 March 1991, but DVC neither paid nor appealed, and due to repeated objections the formal decree was only prepared on 21 …

HYUNDAI CORPORATION & ANR.versusOIL AND NATURAL GAS CORPORAUON LTD.

2017 INSC 702Appeal(s) allowed

Hyundai Corporation entered into a contract with Oil and Natural Gas Corporation (ONGC) for offshore oil exploration, which contained Clause 13.2.8 (sub‑contractor liability) and Clause 17.3 (indemnity for costs arising from a change of law). A change in Indian tax law – Section 44BB/4488 of the …

ASSAM STATE ELECTRICITY BOARD AND ORS.versusBUILDWORTH PVT. LTD.

2017 INSC 587Disposed off

The Supreme Court examined an arbitral award granting Buildworth Pvt. Ltd. price‑escalation, idling‑charges and interest against Assam State Electricity Board. The Board argued that the award exceeded the contractual ceiling for escalation, ignored the claimant’s contributory delay, and that …

KAMRUP LNDUSTRLAL GASES LTD.versusUNION OF INDIA

2017 INSC 330Appeal(s) allowed

Kamrup Industrial Gases Ltd entered into a contract with Diesel Locomotive Works (Union of India) to supply minimum quantities of oxygen and acetylene gas each month. When the buyer failed to lift the stipulated amounts, the seller was entitled to sell the surplus or, if unsold, to blow off the gas …

MAHANAGAR TELEPHONE NIGAM LTD.versusM/S. APPLIED ELECTRONICS LTD.

2016 INSC 1059Directions issued

Mahanagar Telephone Nigam Ltd. appealed a Delhi High Court order that had held the Code of Civil Procedure (CPC) applicable to an appeal under Section 37 of the Arbitration and Conciliation Act, 1996 and had entertained a cross‑objection under Order XLII Rule 22 CPC. The Supreme Court examined …

A. AYYASAMYversusA. PARAMASIVAM & ORS.

2016 INSC 948Appeal(s) allowed

The appellant, a partner in a hotel partnership, filed an application under Section 8 of the Arbitration and Conciliation Act, 1996 seeking to refer a civil suit filed by the other partners to arbitration. The respondents argued that serious allegations of fraud and mis‑appropriation of funds made …

M/S HARISH CHANDRA & COMPANYversusSTATE OF U.P. THR. SUPERINTENDING ENGINEER

2016 INSC 859Disposed off

The dispute arose from a contract for earthwork where M/s Harish Chandra & Co. claimed payment for several items and the arbitrator awarded three of the six claims. The State of U.P. challenged the award under Section 30 of the Arbitration Act, 1940, alleging the arbitrator had committed legal …

M/S. NORTHERN COALFIELD LTD.versusHEAVY ENGINEERING CORP. LTD. & ANR.

2016 INSC 518Appeal(s) allowed

Northern Coalfield Ltd., a government-owned corporation, entered into two contracts with Heavy Engineering Corp. Ltd. which contained an arbitration clause. Disputes were referred to the Government's "permanent machinery of arbitration" and awards were made, which Northern Coalfield challenged …

M/S UMESH GOELversusHIMACHAL PRADESH COOPERATIVE GROUP HOUSING SOCIETY LTD.

2016 INSC 457Appeal(s) allowed

The appellant, an unregistered partnership firm, entered into a construction contract with the respondent and later contested the respondent's claim in arbitration. The respondent argued that Section 69(3) of the Partnership Act, 1932 barred the firm from participating in arbitral proceedings …

UNION OF INDIAversusM/S. AMBLCA CONSTRUCTION

2016 INSC 265Reference answered

The case concerned whether an arbitrator could award pendente lite interest when the underlying contract expressly barred interest on delayed payments. The dispute arose from a construction contract between the Union of India and M/s. Ambica Construction, which had undergone multiple arbitrations …

STATE OF PUNJAB & ORS.versusM/S. SHREYANS INDUS LTD. ETC.

2016 INSC 243Dismissed

The State of Punjab appealed against the High Court’s decision that the Commissioner of Excise and Taxation could not extend the three‑year limitation period for passing a sales‑tax assessment after that period had expired. The assessee, M/s Shreyans Indus Ltd., had filed returns for assessment …

RAJNI SANGHIversusWESTERN INDIAN STATE MOTORS LTD. & ORS.

2015 INSC 874Disposed off

The case involved four brothers who owned a family business and entered into an arbitration agreement in 1984 to partition the business. An arbitrator issued an award in 1987, but subsequent litigation in the Bombay, Rajasthan and Delhi High Courts resulted in family settlement schemes in 1994 and …

M/S COCHIN SHIPYARD LTD.versusM/S APEEJAY SHIPPING LTD.

2015 INSC 837Case Partly allowed

The parties entered into a contract for the construction of a cargo ship, which later gave rise to arbitration before a former Supreme Court judge who awarded in 2009. The respondent sought to set aside the award under Sections 30 and 33 of the Arbitration Act, 1940, alleging the arbitrator’s legal …

SHAILESH DHAIRYAWANversusMOHAN BALKRISHNA LULLA

2015 INSC 796Dismissed

The appeal arose from a dispute where the parties, after settling most issues in a suit, referred two remaining differences to arbitration before a retired Supreme Court judge. The arbitrator resigned, and the respondent sought a substitute arbitrator. The High Court appointed a retired judge as a …

STATE OF WEST BENGAL & ORS.versusASSOCIATED CONTRACTORS

2014 INSC 1001Dismissed

The State of West Bengal filed a Section 34 application to set aside an arbitral award before the District Court of Jalpaiguri, while the High Court of Calcutta had earlier entertained interim relief under Section 9 and appointed an arbitrator under Section 11. The High Court held that, under …

M/S ANAND BROTHERS P. LTD. TR. M.D.versusUNION OF INDIA & ORS.

2014 INSC 597Dismissed

The dispute arose from an arbitration under Clause 70 of a contract, where the arbitrator issued an award without recording any reasons, merely noting "sustained", "partly sustained" or "not sustained" in the column titled "findings". The Delhi High Court set aside the award, holding that the term …

T.N. GENERATION & DISTBN. CORPN. LTD.versusPPN POWER GEN. CO. PVT. LTD.

2014 INSC 248Dismissed

The appellant, a power distribution company, entered into a Power Purchase Agreement (PPA) with the respondent, a power generator, and disputed accounting details and rebate claims arising from monthly invoices. The dispute was taken before the Tamil Nadu Electricity Regulatory Commission (State …

UNION OF INDIAversusM/S PAM DEVELOPMENT PVT. LTD.

2014 INSC 106Dismissed

The Union of India entered into a contract with PAM Development for constructing an industrial loco shed, which was later terminated for delay and inferior work. The contractor invoked an arbitration clause, and the Calcutta High Court appointed a former judge as sole arbitrator under Section 11(6) …

M/S. P. DASARATHARAMA REDDY COMPLEXversusGOVERNMENT OF KARNATAKA AND ANOTHER

2013 INSC 721Disposed off

The appellant, a contractor, was awarded a bridge construction contract by the Government of Karnataka. Disputes arose and the contract’s Clause 29 required any dispute to be first referred to the Chief Engineer or a Designated Officer, whose decision was subject to court remedy. The contractor …

VISHNU (DEAD) BY L.RSversusSTATE OF MAHARASHTRA AND OTHERS

2013 INSC 671Dismissed

The appellant, a contractor, entered into five irrigation contracts with the State of Maharashtra in 1983. After abandoning the work in 1985, he sought damages and later invoked Clause 30 of the contracts, claiming it was an arbitration clause that made the Superintending Engineer’s decision binding …

DELTA DISTILLERIES LIMITEDversusUNITED SPIRITS LIMITED & ANR.

2013 INSC 649Dismissed

Delta Distilleries supplied Indian Made Foreign Liquor to United Spirits under a contract that made the buyer responsible for sales tax. A dispute arose over a set‑off/refund claimed by Delta from the Sales Tax Department, which United Spirits argued reduced its tax burden. The arbitral tribunal …

TEHRI HYDRO DEV. CORPN. LTD.& ANR.versusJAI PRAKASH ASSO. LTD.

2012 INSC 420Case Partly allowed

The parties entered into a contract for works on the Tehri Hydro Dam project. After completion, the final bill and a security deposit of Rs.12.50 lakhs remained unpaid, leading to arbitration under the contract’s arbitration clause. The first arbitration awarded Rs.10.17 lakhs for the final bill but …

BHARAT ALUMINIUM CO.versusKAISER ALUMINIUM TECHNICAL SERVICE, INC.

2012 INSC 379Reference answered

The dispute arose from a contract between Bharat Aluminium Co. and Kaiser Aluminium Technical Service, Inc. that provided for arbitration in London under English law, but governed the contract by Indian law. After two awards were rendered in England, the appellant sought to set aside the awards …

M/S. LADLI CONSTRUCTION CO. (P) LTD.versusPUNJAB POLICE HOUSING CORPN. LTD. AND ORS.

2012 INSC 102Dismissed

The appellant, Ladli Construction Co., entered into a contract to build 240 houses for the Punjab Police Housing Corporation, but failed to meet the schedule and the contract was rescinded. The parties' agreement contained an arbitration clause (Clause 25A) naming the Corporation's Chief Engineer as …

DURGA CHARAN RAUTRAYversusSTATE OF ORISSA & ANR.

2011 INSC 779Appeal(s) allowed

Durga Charan Rautray, a contractor, completed a dam construction project for the State of Orissa but later claimed additional payments for price escalation, material supply, royalty refund and interest. The parties' contract contained an arbitration clause (clause 23) and the disputes were referred …

UNION OF INDIA & ANR.versusM/S DEEPAK ELECTRIC & TRADING COMPANY & ANR.

2011 INSC 775Appeal(s) allowed

The Union of India and another appealed against a High Court order that held its objections to an arbitral award were time‑barred. The award was filed on 17‑06‑1996 and a notice of filing was served on the Union of India, but not on the Executive Engineer, who was responsible for the Union’s affairs …

RAMESH KUMAR & ANR.versusFURU RAM & ANR. ETC.

2011 INSC 593Appeal(s) allowed

The appellants, brothers who co‑owned land, sued the respondents seeking a declaration that the arbitration awards and the subsequent court decrees granting title to the respondents were null and void because they were obtained through fraud and stamp‑duty evasion. The lower courts dismissed the …

M/S. MILKFOOD PVT. LTD.versusM/S. GMC ICE CREAM (P) LTD.

2011 INSC 544Appeal(s) allowed

The parties entered into a manufacturing agreement that contained an arbitration clause specifying Delhi as the venue and jurisdiction. The respondent sued the appellant in the Munsif Court, Gaya, and the appellant sought a stay of the suit under section 34 of the Arbitration Act, 1940. Subsequent …

UNION OF INDIAversusM/S. KRAFTERS ENGINEERING & LEASING (P) LTD.

2011 INSC 483Appeal(s) allowed

The Union of India challenged an arbitral award that granted interest on amounts payable to M/s. Krafters Engineering & Leasing (P) Ltd. under a works contract, arguing that Clause 1.15 of the General Conditions expressly prohibited any interest on such amounts. The High Court had upheld the award, …

FUERST DAY LAWSON LTD.versusJINDAL EXPORTS LTD.

2011 INSC 479Disposed off

The Supreme Court examined a batch of Special Leave Petitions arising from orders of the Delhi and Calcutta High Courts that refused to enforce foreign arbitral awards or to award interest. The central question was whether an order that is not appealable under section 50 of the Arbitration and …

STATE OF GOAversusPRAVEEN ENTERPRISES

2011 INSC 423Appeal(s) allowed

The State of Goa contracted Praveen Enterprises for construction work and included an arbitration clause that referred all disputes to a sole arbitrator appointed by the Chief Engineer, CPWD. After terminating the contract, the contractor filed claims and the State filed counter‑claims; the State …

J. KODANDA RAMI REDDYversusSTATE OF A.P. & ORS.

2010 INSC 772Appeal(s) allowed

The appellant contractor filed a petition under Section 8 of the Arbitration Act, 1940 seeking appointment of an arbitrator for claims exceeding Rs.50,000, which the State of Andhra Pradesh opposed on the ground of Government Order (GOM) No. 430, 24‑10‑1983, as clarified by GOM No. 160, 01‑06‑1987, …

M/S. SUMITOMO HEAVY INDUSTRIES LIMITEDversusOIL & NATURAL GAS COMPANY

2010 INSC 444Appeal(s) allowed

The appellant, Sumitomo Heavy Industries, entered into a turn‑key offshore platform contract with the respondent, ONGC, which contained a clause (17.3) obligating the respondent to compensate the contractor for any necessary and reasonable extra cost caused by a change in Indian law after the bid …

H. SRINIVAS PAI & ANR.versusH.V. PAI (D) THR. LRS. & ORS.

2010 INSC 400Disposed off

In a suit for partition of joint family property filed in 1991, the appellants sought a stay of proceedings under Section 34 of the Arbitration Act, 1940, which was dismissed in 1995 and affirmed on appeal. The suit continued, and the appellants later filed an application under Section 8 of the …

M/S. RASHTRIYA CHEMICALS & FERTILIZERS LTD.versusM/S. CHOWGULE BROTHERS & ORS.

2010 INSC 373Case Partly allowed

The dispute arose from a work contract for port services that was initially for one year and extendable for a second year, subject only to statutory wage increases for dock labourers as per Clause 2.03. The contractor claimed additional payment for wage escalations that occurred after the …

UNION OF INDIA & ORS.versusM/S. NEELAM ENGINEERING & CONSTRUCTION COMPANY

2010 INSC 142Dismissed

The Union of India and others entered into a contract with M/s Neelam Engineering for security lighting, which later gave rise to disputes resolved by an arbitrator who awarded Rs.1,70,020 in favour of the respondent. The respondent filed a petition under Sections 14(2), 17 and 29 of the Arbitration …

STATE OF HARYANA & ORS.versusS. L. ARORA & COMPANY

2010 INSC 69Appeal(s) allowed

The State of Haryana awarded a construction contract to S.L. Arora & Co., which was completed late, leading to arbitration. The arbitrator awarded Rs 14.94 lakh with 12% simple interest from 19‑Dec‑1990 to the award date and future interest of 18% per annum on the "total amount of award" if not paid …

STATE OF RAJASTHANversusM/S. NAV BHARAT CONSTRUCTION COMPANY

2010 INSC 23Disposed off

The State of Rajasthan terminated a construction contract and the contractor, M/s Nav Bharat Construction Co., sought arbitration of several claims. After an initial umpire award was set aside, a new umpire was appointed and his award was filed in the Supreme Court. The State applied to make the …

M/S. MADNANI CONSTRUCTION CORPORATION (P) LTDversusUNION OF INDIA & OTHERS

2009 INSC 1286Appeal(s) allowed

Madnani Construction Corporation entered into a contract with the North Eastern Railway for bridge work. Disputes arose over alleged manipulations in measurement books, leading the contractor to seek arbitration. The arbitrator, after examining the level book, graph sheets and log books, found that …

M/S. RAVINDRA KUMAR GUPTA & COMPANYversusUNION OF INDIA

2009 INSC 1278Appeal(s) allowed

The contractor, Ravindra Kumar Gupta & Co., completed civil works for the Union of India and later claimed losses due to delays and hold‑ups. An arbitrator under the Arbitration Act, 1940 examined the evidence and awarded relief, finding that the Union was at fault for delayed payments and other …

TAMIL NADU WATER SUPPLY & DRAINAGE BOARDversusM/S. SATYANARAYANA BROTHERS PVT. LTD.

2009 INSC 1215Disposed off

The Tamil Nadu Water Supply & Drainage Board entered into a contract with M/s. Satyanarayana Brothers Pvt. Ltd. for the Veeranam drinking‑water project. The contractor failed to complete the work within the extended time, leading to arbitration. After several awards and appeals, the Supreme Court …

INDIAN HUME PIPE CO. LTD.versusSTATE OF RAJASTHAN

2009 INSC 1184Appeal(s) allowed

The appellant, Indian Hume Pipe Co. Ltd., entered into a contract with the State of Rajasthan for laying a PSC pipeline, which contained an arbitration clause. A dispute led to arbitration, and the arbitrators awarded the appellant the claim along with interest for pre‑reference, pendente lite, and …

U.P. COOPERATIVE FEDERATION LTD.versusM/S. THREE CIRCLES

2009 INSC 1124Dismissed

The U.P. Cooperative Federation Ltd. entered into a contract with M/s Three Circles for constructing a cold storage. Disputes arose over balance steel, alleged bad workmanship, and interest on the award. An arbitrator awarded Rs.32,68,805.80 with interest at 15% and allowed various claims, which the …

STEEL AUTHORITY OF INDIA LTD.versusGUPTA BROTHER STEEL TUBES LTD.

2009 INSC 1121Dismissed

The Steel Authority of India Ltd. (SAIL) appealed a 1993 arbitration award that granted damages to Gupta Brother Steel Tubes Ltd. for alleged breaches of a supply scheme. SAIL contended that the arbitrator exceeded his jurisdiction by applying Clause 7.2, which provides for liquidated damages, to a …

COAL LINKERversusCOAL INDIA LIMITED

2009 INSC 1111Dismissed

Coal Linker entered into a work contract with Coal India and, after disputes, the matter was referred to arbitration. The arbitrator awarded the appellant a sum and granted interest for the pre‑reference period and for the pendency of the arbitration, but expressly omitted any interest from the date …

M/S ASIAN TECHS LTD.versusUNION OF INDIA & OTHERS

2009 INSC 1113Appeal(s) allowed

Asian Techs Ltd. entered a construction contract with the Union of India, but the work was delayed due to material alterations and extensions granted by the respondents. The contractor claimed additional payment and invoked the arbitration clause; the arbitrator issued a non‑speaking award in its …

INDIAN OIL CORPORATION LTD. & ORS.versusM/S. RAJA TRANSPORT (P) LTD.

2009 INSC 1069Appeal(s) allowed

The dispute arose from a dealership agreement between Indian Oil Corporation Ltd. (the appellant) and M/s. Raja Transport (P) Ltd. (the respondent) which contained an arbitration clause mandating that any dispute be referred to the Director, Marketing of the corporation or a person nominated by him. …

NATIONAL ALUMINIUM CO. LTD. & ANR.versusG.C. KANUNGO

2009 INSC 646Appeal(s) allowed

National Aluminium Co. Ltd. & Anr. (appellant) entered into a works contract with G.C. Kanungo (respondent). After completion of the work, the respondent sought arbitration for additional dues, and an arbitrator appointed at his request passed an award. The civil judge later made the award a rule of …

STATE OF RAJASTHAN & ANR.versusMIS. FERRO CONCRETE CONSTRUCTION PVT. LTD.

2009 INSC 580Appeal(s) allowed

The State of Rajasthan entered into a contract with Ferro Concrete for a water‑pipeline project. After the contractor failed to complete the work, arbitration was instituted and the arbitrator awarded various sums, including loss of profit (claim 1), idle‑machinery compensation (claim 37A), and …

G. RAMACHANDRA REDDY & CO.versusUNION OF INDIA & ANR.

2009 INSC 528Disposed off

The appellant submitted a tender for a construction contract, claiming a 2.25% uplift on rates and a 40% labour component, which the respondent contested, leading to arbitration. The arbitrator held that the appellant’s covering letter formed part of the contract, upheld the 2.25% uplift, …

SUNDER KUKREJA & ORS.versusMOHAN LAL KUKREJA & ANR.

2009 INSC 411Appeal(s) allowed

The brothers Sunder Kukreja and Mohan Lal Kukreja, partners in a firm, disputed the validity of a retirement deed that one brother claimed dissolved the partnership. The appellant filed a petition under Section 20 of the Arbitration Act, 1940 seeking appointment of an arbitrator under the …

M.P. HOUSING BOARDversusPROGRESSIVE WRITERS & PUBLISHERS

2009 INSC 375Dismissed

The M.P. Housing Board and Progressive Writers & Publishers entered into three successive agreements concerning the construction and ownership of a press complex. The third agreement of 31 May 1980 required full payment by 31 October 1980, failing which it would be cancelled. The Board alleged the …

VISAKHAPATNAM PORT TRUSTversusM/S CONTINENTAL CONSTRUCTION COMPANY

2009 INSC 230Disposed off

The Supreme Court examined two appeals arising from a High Court judgment involving Visakhapatnam Port Trust (VPT) and M/s Continental Construction Company. The first appeal concerned a claim of Rs 74,810.38 for recovered jack‑rods, which the Court held was time‑barred under Section 37 of the …

GIRDHAR GOPAL GUPTA AND ORS.versusAAR GEE BOARD MILLS PVT. LTD. AND ORS.

2009 INSC 89Dismissed

The Gupta group, originally holding a 50.9% stake in Aar Gee Board Mills, alleged that the Garg group illegally allotted 9,507 equity shares, reducing the Gupta shareholding to a minority and constituting oppression and mismanagement under Sections 397 and 398 of the Companies Act, 1956. The Company …

M/S. P. MANOHAR REDDY & BROS.versusMAHARASHTRA KRISHNA VALLEY DEV. CORPN. & ORS.

2008 INSC 1482Dismissed

The contractor, M/s P. Manohar Reddy & Bros., completed an excavation contract for the Maharashtra Krishna Valley Development Corporation, received full payment and accepted the final bill. Later it claimed extra work, but raised the claim after the contract had ended and beyond the 30‑day period …

S. SATNAM SINGH & ORS.versusSURENDER KAUR & ANR.

2008 INSC 1382Appeal(s) allowed

The case involved a partition suit concerning a residential house and the business of Bombay Cycle Company. The trial court passed a preliminary decree granting each party a one‑third share in the house, but later the parties sought to include the business assets in the partition. The High Court set …

OIL & NATURAL GAS CORPORATION LTD.versusATWOOD OCEANIC INTERNATIONAL, S.A.

2008 INSC 648Dismissed

Oil and Natural Gas Corporation (ONGC) entered into a drilling contract with Atwood Oceanic International containing clauses on tax liability and changes in law. The Government of India issued a 1983 notification extending the Income Tax Act to offshore areas, causing Atwood to pay tax on its …

M/S. ASSOCIATED CONSTRUCTIONversusPAWANHANS HELICOPTERS PVT LTD

2008 INSC 604Appeal(s) allowed

The appellant, Mis. Associated Construction, entered into a construction contract with the respondent, Pawanhans Helicopters, which required completion within four months. Delays caused by the respondent led the appellant to issue a "No Dues Certificate" under alleged economic duress and later claim …

BHARAT COKING COAL LTD.versusM/S. ANNAPURNA CONSTRUCTION

2008 INSC 310Disposed off

Bharat Coking Coal Ltd entered into a contract with M/s. Annapurna Construction which later gave rise to a dispute. An arbitrator was appointed under the Arbitration Act, 1940 and awarded a sum to the respondent; the award was set aside by the Supreme Court because the arbitrator failed to consider …

J.C. BUDHRAJAversusCHAIRMAN, ORISSA MINING CORPN. LTD. & ANR.

2008 INSC 64Case Partly allowed

The contractor (N.C. Budhraja) completed excavation work for Orissa Mining Corp. Ltd. (OMC) and later claimed extra payment for work beyond the contract. OMC acknowledged pending claims in a letter dated 28‑Oct‑1978 and paid Rs.3,50,000 on 4‑Mar‑1980, after which the contractor invoked arbitration …

ATUL SINGH & ORS.versusSUNIL KUMAR SINGH & ORS.

2008 INSC 9Case Allowed

The plaintiffs, heirs of a deceased partner, sued the defendants for a declaration that a partnership deed dated 17‑Feb‑1992, which omitted the deceased partner, was illegal and void, and for rendition of accounts and share of profits. The defendants sought to stay the suit and refer the dispute to …

LARSEN AND TOUBRO LTD.versusFERTILIZER AND CHEMICALS TRAVANCORE LTD.

2007 INSC 1140Dismissed

Larsen & Toubro Ltd entered into a purchase order with Fertilizer and Chemicals Travancore Ltd that contained both Standard Conditions and Special Conditions. A dispute arose over the arbitration clause: the appellant sought an independent sole arbitrator under the Special Conditions, while the …

PUNJAB STATE & ORS.versusDINA NATH

2007 INSC 570Dismissed

The Punjab State issued a work order containing a clause that any dispute between the department and the contractor would be referred to the Superintending Engineer, whose decision would be final and binding. After the contractor completed the work, a dispute arose over final bills and measurements, …

FOOD CORPORATION OF INDIAversusM/S. CHANDU CONSTRUCTION AND ANR.

2007 INSC 406Appeal(s) allowed

The Food Corporation of India (FCI) entered into a construction contract with Chandu Construction for godowns, which required the rate to include both labour and material as per CPWD specifications. After termination of the contract, the claimants sought arbitration and were awarded Rs 8,23,101 for …

BOC INDIA LTD.versusBHAGWATL OXYGEN LTD.

2007 INSC 279Dismissed

BOC India Ltd. entered into a turnkey contract with Bhagwati Oxygen Ltd. for the erection, installation and commissioning of an oxygen plant at a lump‑sum price, subject to variations for imported components. Due to exchange‑rate and customs‑duty changes the price rose, and the parties later …

JATINDERversusM/S. CHOPRA LAND DEV. P. LTD. AND ANR.

2007 INSC 243Dismissed

The appellant Jatinder Nath entered into a development agreement with Chopra Land Developers for construction of a housing complex in Delhi, agreeing that any dispute would be arbitrated by a sole arbitrator in Faridabad and that the Faridabad courts alone would have jurisdiction. When a dispute …

M/S.AGRI GOLD EXIMS LTD.versusM/S. SRI LAKSHMI KNITS & WOVENS AND ORS.

2007 INSC 69Dismissed

The appellant and respondents entered into a Memorandum of Understanding containing an arbitration clause. Disputes arose over post‑dated cheques, two of which were dishonoured, and the appellant filed a money decree suit. The respondents moved to refer the matter to arbitration; the trial court …

M/S. ENGINEERS SYNDICATEversusSTATE OF BIHAR AND ORS.

2007 INSC 51Appeal(s) allowed

The dispute between Mis. Engineers Syndicate and the State of Bihar was referred to arbitration under an agreement. The arbitrator issued a lump‑sum award in favour of the syndicate without providing item‑wise reasons, i.e., a non‑speaking award. The Subordinate Judge set aside the award on the …

D. GOPINATHAN PILLAIversusSTATE OF KERALA AND ANR.

2007 INSC 40Appeal(s) allowed

The State of Kerala filed an application to condone a 3320‑day delay in filing a petition to set aside an arbitral award under the Arbitration Act, 1940. The civil court allowed the condonation, noting gross negligence of officials but refusing to penalise the State, and the High Court dismissed the …

K.N. SATHYAPALAN (DEAD) BY LRS.versusSTATE OF KERALA AND ANR.

2006 INSC 931Appeal(s) allowed

The appellant, K.N. Sathyapalan (deceased) by legal representatives, entered into a construction contract with the State of Kerala. The work could not be completed within the stipulated eleven months due to law‑and‑order disturbances, lack of a suitable quarry and dumping yard, and the State’s …

OIL AND NATURAL GAS CORPORATION LTD.versusM/S. NIPPON STEEL CORPORATION LTD.

2006 INSC 798Appeal(s) allowed

The Supreme Court examined whether the filing of an arbitration award by M/s Little & Co., acting as the arbitrator's agent, constituted statutory notice to Oil & Natural Gas Corporation Ltd. (ONGC) under Section 14(2) of the Arbitration Act, 1940, and when the limitation period for setting aside …

FOOD CORPORATION OF INDIAversusM/S. A.M. AHMED & CO. AND ANR.

2006 INSC 753Case Partly allowed

The Food Corporation of India (FCI) awarded a contract to A.M. Ahmed & Co. for cargo‑handling services without an escalation clause. During the contract, the State Government raised statutory wages, and the contractor sought additional payment for the increased labour cost. An arbitrator was …

STATE OF A.P. AND ORS.versusM/S. PIONEER BUILDERS, A.P.

2006 INSC 652Case Partly allowed

The State of Andhra Pradesh awarded a canal construction contract to Mis. Pioneer Builders, which later failed to complete the work and was expelled. The contractor filed a petition under Sections 8 and 20 of the Arbitration Act, 1940, seeking arbitration or a civil suit, and later applied for …

RAJASTHAN STATE ROAD TRANSPORT CORPN.versusINDAG RUBBER LTD.

2006 INSC 581Appeal(s) allowed

The Rajasthan State Road Transport Corporation entered into an agreement with Indag Rubber Ltd. for a retreading plant and material, guaranteeing that retreaded tyres would achieve 46,000 km or 95% of the life of new tyres. The corporation alleged that the tyres failed to meet this guarantee and …

MAHESH LALL SEAL AND ORS.versusUNION OF INDIA AND ORS.

2006 INSC 575Case Partly allowed

The appellants' property was requisitioned in 1987 and acquired under the Requisition and Acquisition of Immovable Property Act, 1952. Although a 1975 agreement fixed a price of Rs 18,98,000, the claimants received this amount in 1993 under protest and later sought higher compensation, leading the …

JINDAL VIJAYANAGAR STEEL (JSW STEEL LTD.)versusJINDAL PRAXAIR OXYGEN COMPANY LTD.

2006 INSC 564Dismissed

The appellant, JSW Steel, was setting up a steel plant in Bellary, Karnataka and entered into a pipeline supply agreement with the respondent, Jindal Praxair, which contained an arbitration clause specifying Bombay as the seat of arbitration. A dispute arose and the respondent filed a petition under …

RASHTRIYA ISPAT NIGAM LIMITED AND ANR.versusM/S VERMA TRANSPORT COMPANY

2006 INSC 495Appeal(s) allowed

Rastriya Spat Nigam Ltd. entered into a consignment agency contract with Verma Transport Company that contained an arbitration clause. The appellant terminated the contract and issued a show‑cause notice to blacklist the respondent. The respondent filed a suit for a permanent injunction against …

STATE OF GOAversusM/S. WESTERN BUILDERS

2006 INSC 400Appeal(s) allowed

The State of Goa challenged an arbitral award granted to Mis. Western Builders. After the award, the State filed a petition under the Arbitration Act, 1940, which was dismissed on the ground that the Arbitration and Conciliation Act, 1996 governed the matter. The State then sought condonation of …

M/S. MUKUND LTD.versusHINDUSTAN PETROLEUM CORPORATION LTD.

2006 INSC 238Disposed off

Mukund Ltd appealed against an arbitral award that ordered it to pay Rs 1.26 crore plus costs and post‑decree interest at 11% per annum to Hindustan Petroleum. The Bombay High Court reduced the quantum to Rs 71.3 lakhs but retained the 11% interest rate. Mukund sought further relief, contending that …

HARI SHANKAR SINGHANIA AND ORS.versusGAUR HARI SINGHANIA AND ORS.

2006 INSC 197Appeal(s) allowed

Three brothers dissolved their partnership in 1987 but later disagreed over the division of immovable assets. After numerous letters seeking an amicable settlement, the last correspondence was dated 29 September 1989. The appellants filed a petition under Section 20 of the Arbitration Act, 1940 on 8 …

N.KHOSLAversusRAJLAKSHMI (DEAD) AND ORS.

2006 INSC 138Appeal(s) allowed

The father of the parties gifted three plots of his ancestral property to his three daughters, but later revoked the gift and paid each daughter Rs.10,000 in cash. After the father's death, the sons partitioned the entire property among themselves, leading the daughters to claim the gifted plots. …

DRESSER RAND S.A.versusM/S. BINDAL AGRO CHEM LTD. AND ANR.

2006 INSC 20Dismissed

The Indian company Bindal Agro Chem Ltd. invited bids for equipment and, after negotiations, agreed to modify its General Conditions of Purchase (which contained an arbitration clause) with Dresser Rand SA. The parties exchanged a revised set of conditions on 10 June 1991 and subsequently issued …

M/S. S.B.P. AND CO.versusM/S. PATEL ENGINEERING LTD. AND ANR.

2005 INSC 526Disposed off

The case concerned the nature of the power exercised by the Chief Justice of a High Court or the Chief Justice of India under Section 11(6) of the Arbitration and Conciliation Act, 1996 to appoint arbitrators when parties fail to do so. The petitioners argued that this power is judicial, requiring …

STATE OF RAJASTHANversusM/S. NAV BHARAT CONSTRUCTION CO.

2005 INSC 479Disposed off

The State of Rajasthan awarded a construction contract to Nav Bharat Construction Co., which later terminated the contract for delay. The contractor filed multiple claims, of which the district court initially referred only one claim to arbitration; the High Court later ordered all four claims to be …

ASHUTOSHversusSTATE OF RAJASTHAN AND ORS.

2005 INSC 390Disposed off

A decree for a construction work claim was passed against the State of Rajasthan and the partnership firm Sharma & Co. The State recovered the decree amount and sought execution against the firm’s securities, including a house owned by partner Smt. Dhanwanti Devi, who had earlier executed a will …

SHIN-ETSU CHEMICAL CO. LTD.versusAKSH OPTIFIBRE LTD. AND ANR.

2005 INSC 360Disposed off

Shin‑Etsu Chemical Co. Ltd. entered into a contract with AKSH Optifibre Ltd. containing an international arbitration clause. After the contract was terminated, the respondent sued for a declaration that the arbitration agreement was void, while the appellant sought a direction under Section 8 of the …

NEERAJ MUNJAL AND ORSversusATUL GROVER MINOR AND ANR.

2005 INSC 261Appeal(s) allowed

A complaint was filed before the National Consumer Disputes Redressal Commission (NCDRC) which the parties agreed to refer to arbitration. An arbitrator was appointed on 19‑May‑1995 and rendered an award on 19‑Aug‑1996, which the Commission accepted. The Supreme Court later held that the NCDRC could …

BHAGAWATI OXYGEN LTD.versusHINDUSTAN COPER LTD.

2005 INSC 184Appeal(s) allowed

Bhagawati Oxygen Ltd. (BOL) entered into a contract with Hindustan Copper Ltd. (HCL) for the supply of oxygen, which contained an arbitration clause. An arbitrator awarded Rs. 74,84,521.34 to BOL and granted interest at 18% per annum, dismissing HCL's counter‑claim. HCL challenged the award under …

SHANMUGHASUNDARAM AND ORS.versusDIRAVIA NADAR (D) BY LRS. AND ANR.

2005 INSC 133Dismissed

Two brothers, who were co‑owners of inherited land with three sisters, entered into a sale agreement with the appellant and an arbitration agreement to fix the price. The first arbitral award was set aside by the civil court on two grounds: breach of natural justice and the fact that the sisters, …

MANAGEMENT OF M/S. SONEPAT COOPERATIVE SUGAR MILLS LTD.versusAJIT SINGH

2005 INSC 77Appeal(s) allowed

The appellant, Management of M/s. Sonepat Co‑operative Sugar Mills Ltd., terminated the services of Ajit Singh, who was employed as a Legal Assistant. Singh claimed that he was a "workman" under Section 2(s) of the Industrial Disputes Act, 1947 and sought reinstatement with back wages. The Labour …

DHARMA PRATHISHTHANAMversusM/S. MADHOK CONSTRUCTION PVT. LTD.

2004 INSC 632Leave Granted & Allowed

Dharma Prathishthanam entered into a construction contract with Madhok Construction Pvt. Ltd. that contained an arbitration clause referring disputes to arbitration under the Arbitration Act, 1940. When a dispute arose, the respondent unilaterally appointed Shri Swami Dayal as sole arbitrator, gave …

P.S. SATHAPPAN (DEAD) BY LRSversusANDHRA BANK LTD. AND ORS.

2004 INSC 583Appeal(s) allowed

The petitioners challenged a Madras High Court judgment that a Letters Patent Appeal under Clause 15 was not maintainable against an order of a single High Court judge hearing an appeal. The Supreme Court examined the interplay between Section 104(1) and (2) of the Code of Civil Procedure, the …

THE STATE OF KERALA ETC. ETC.versusM/S. ARYA REFRIGERATION & A/C CO. ETC. ETC.

2004 INSC 414Disposed off

The State of Kerala entered into a contract with Mis Arya Refrigeration & A/C Co. for supplying and erecting a cold‑storage plant, which could not be installed because the State failed to construct the requisite building. The dispute was referred to arbitration; the arbitrator awarded a sum to the …

D.D. SHARMAversusUNION OF INDIA

2004 INSC 316

The Union of India invited tenders for six bridges and incorporated an arbitration clause. The contractor D.D. Sharma submitted a tender with conditional offers of rebates subject to the award of a 10% interest‑free advance and timely allotment of the work. The Union failed to hand over the site on …

DR. KARAN SINGHversusSTATE OF JAMMU AND KASHMIR AND ANR.

2004 INSC 266Dismissed

Dr. Karan Singh, son of the former Maharaja of Jammu & Kashmir, claimed that 563 heirloom articles in the state Toshakhana were his private property. After a 1983 representation to the Ministry of Home Affairs was rejected, he filed a writ petition which was partially allowed by the High Court, …

BHARAT COKING COAL LTD.versusL.K. AHUJA

2004 INSC 257Disposed off

The dispute arose from contracts for work where the parties had agreed to refer disagreements to arbitration. After a fresh award was made by a newly appointed arbitrator, the appellant sought to set aside the award, challenging several items including sales‑tax refund and loss‑of‑profit claims, and …

UNION OF INDIA AND ORS.versusM/S. BANWARI LAL AND SONS (P) LTD.

2004 INSC 252Appeal(s) allowed

The Union of India sought to set aside an arbitration award that granted damages to Mis. Banwari Lal & Sons for the use of a commercial property requisitioned under the Requisitioning and Acquisition of Immovable Property Act, 1952. The Act lapsed on 10‑Mar‑1987, after which the Court permitted the …

MILK FOOD LTD.versusM/S. GMC ICE CREAM (P) LTD.

2004 INSC 232

Milk Food Ltd. entered into a contract with GMC Ice Cream (P) Ltd. containing an arbitration clause that referred disputes to arbitration under the Arbitration Act, 1940 or any statutory modification. A suit for injunction was filed, and Milk Food obtained a stay under Section 34 of the 1940 Act. …

M/S. UPTRON INDIA LTD.versusUNION OF INDIA AND ANR.

2004 INSC 86Dismissed

Uptron India Ltd entered into a contract with the Union of India to maintain community viewing sets in seven North‑Eastern states, but the government failed to make the agreed payments, leading to arbitration. The arbitrator issued an award on 18 June 1990, which Uptron sought to have declared a …

M/S GORA LALversusUNION OF INDIA

2003 INSC 740Dismissed

The appellant, Gora Lal, entered into a work contract with the Union of India that contained an arbitration clause requiring the arbitrator to "indicate his findings, along with the sum awarded, separately on each individual item of the dispute." A dispute arose over the final payment, and an …

UNION OF INDIA AND ANR.versusM/S. SOHAN LAL PUGLIA

2003 INSC 648Appeal(s) allowed

The Union of India entered into a contract for the supply and construction of a stone ballast machine, which contained an arbitration clause requiring the appointment of Gazetted officers as arbitrators for disputes exceeding Rs.5 lakh. When the Department failed to appoint an arbitrator, the …

M/S. SATHYANARAYAN BROTHERS (P) LTD.versusTAMIL NADU WATER SUPPLY & DRAINAGE BOARD

2003 INSC 646Appeal(s) allowed

Mis. Sathyanarayana Brothers (P) Ltd. entered into a contract with the Tamil Nadu Water Supply & Drainage Board for the manufacture and supply of prestressed concrete pipes for the Veeranam water project, subject to foreign collaboration clearance and foreign‑exchange assistance. Delays in obtaining …

DULAL PODDARversusEXECUTIVE ENGINEER, DONA CANAL DIVISION AND ORS.

2003 INSC 627Dismissed

The appellant, a contractor, entered into a canal construction contract with the respondent department, which contained an arbitration clause appointing the Superintending Engineer as arbitrator. After an interim award, the arbitrator failed to pass a final award, prompting the contractor to invoke …

MALLIKARJUNversusGULBARGA UNIVERSITY

2003 INSC 604Appeal(s) allowed

The appellant, a contractor, executed a contract with Gulbarga University for constructing an indoor stadium. Clause 30 of the contract stipulated that any dispute would be decided by the Superintending Engineer of the Gulbarga Circle, whose decision would be final and binding. After the Engineer …

STATE BANK OF INDIAversusRAM DAS AND ANR.

2003 INSC 581Dismissed

The State Bank of India entered into a construction contract with a contractor that contained an arbitration clause. An umpire awarded Rs. 15.85 lakh to the contractor in 1984, then filed the award himself in the Hyderabad Civil Court and engaged a lawyer to conduct the proceedings, making the award …

BOMBAY STOCK EXCHANGEversusJAYA I. SHAH AND ANR.

2003 INSC 563Disposed off

The Bombay Stock Exchange (BSE) held the assets of a defaulting member, C.S. Shah, in its Defaulters' Committee, which is merely an association of persons and not a juristic entity. Ms. Indu Malhotra obtained an arbitration award against Shah, which was made a rule of court and a decree, and sought …

PURE HELIUM INDIA PVT. LTD.versusOIL AND NATURAL GAS COMMISSION

2003 INSC 538Appeal(s) allowed

Pure Helium India Ltd. won the lowest bid to supply helium gas to ONGC, quoting a composite price of Rs.149 per cubic meter that included a US$4.60 foreign‑exchange component. When the dollar appreciated, Pure Helium claimed compensation for the exchange‑rate difference, and a three‑member arbitral …

M.D., ARMY WELFARE HOUSING ORGANISATIONversusSUMANGAL SERVICES PVT. LTD.

2003 INSC 528Disposed off

The Supreme Court examined an arbitration award arising from a turnkey housing contract between Army Welfare Housing Organisation (AWHO) and Sumangal Services Pvt. Ltd. (Sumangal). The Court held that the arbitrator had no jurisdiction to pass an interim injunction under Section 41(b) of the …

M/S. CONTINENTAL CONSTRUCTION LTD.versusSTATE OF U.P.

2003 INSC 500Appeal(s) allowed

Continental Construction Ltd. entered into a contract with the State of Uttar Pradesh for dam construction. A dispute arose over claims for extra earth and rock, which were referred to arbitration. The respondent failed to appoint an arbitrator, so the appellant's arbitrator acted as sole …

K.K. JOHNversusSTATE OF GOA

2003 INSC 496Dismissed

The appellant, a contractor, entered into a construction contract with the State of Goa that provided for arbitration of disputes. An arbitrator rendered an award in 1994, but the civil court remitted the award on two specific points for reconsideration. The arbitrator resigned before completing the …

STATE OF MAHARASHTRAversusM/S. S.D. SHINDE AND CO.

2003 INSC 490Appeal(s) allowed

The State of Maharashtra contracted Mis. S.D. Shinde & Co. to construct a project, but disputes led to arbitration under the Arbitration Act, 1940. An arbitrator issued an award and later filed an interim award before a Civil Judge seeking to have it made a rule of court, resulting in an interim …

UNION OF INDIAversusM/S V. PUNDARIKAKSHUDU AND SONS AND ANR.

2003 INSC 462Dismissed

The Union of India entered into a construction contract with Mis V. Pundarikakshudu and Sons, which was later terminated under clause 54. Both parties submitted claims to a sole arbitrator, who awarded Rs. 14,31,463 to the contractor and Rs. 33,95,000 to the Union, despite finding the Union …

STATE OF WEST BENGALversusAMRITLAL CHATTERJEE

2003 INSC 450Dismissed

The State of West Bengal entered into construction work contracts with the respondent, who completed the work in 1990 and later claimed additional payment in 1993, leading to a request for arbitration. An arbitrator was appointed under the Arbitration Act, 1940 in September 1994, but failed to act, …

SOHAN LAL GUPTA (DEAD) THR. LRS. AND ORS.versusSMT ASHA DEVI GUPTA AND ORS.

2003 INSC 442Appeal(s) allowed

The case involved a dispute between two family groups over shared assets, which was referred to a sole arbitrator who issued two awards. Seven members of one group objected, claiming they had not received reasonable notice and that the arbitrator’s request for a letter not to challenge the award …

BHARAT COKING COAL LTD.versusM/S. ANNAPURNA CONSTRUCTIONS

2003 INSC 435Case Partly allowed

The parties entered into a contract for constructing 140 temporary hutments which contained an arbitration clause. After delays, the arbitrator awarded the contractor a sum with 18% interest, but the subordinate court, in making the award a rule of court, did not grant interest under Section 29 of …

BIHAR STATE MINERAL DEVELOPMENT CORPN. AND ANR.versusENCON BUILDERS (I) PVT. LTD.

2003 INSC 409Dismissed

Bihar State Mineral Development Corporation (appellant) awarded a contract to ENCON Builders (respondent) for excavation work. The respondent failed to perform, leading the corporation to re‑allocate the work and incur losses. Clause 60 of the contract stipulated that any dispute would be decided by …

GWALIOR DUGDHA SANGH SAHAKARI LTD.versusG.M. GOVT. MILK SCHEME, NAGPUR AND ORS.

2003 INSC 411Disposed off

Gwalior Dugdha Sangh Sahakarj Ltd, a society registered under the Madhya Pradesh Co-operative Societies Act, entered into milk supply agreements with the Government Milk Scheme, Nagpur, which were executed in Maharashtra. The agreements contained an arbitration clause designating the Dairy …

MADAN MOHAN RAJGARHIAversusM/S. MAHENDRA R. SHAH & BROS. AND ANR.

2003 INSC 349Dismissed

Madan Mohan Rajgarhia, a non‑member trader, sued M/s Mahendra R. Shah & Bros., a broker and member of the Bombay Stock Exchange, for recovery of Rs.5,63,334. The respondents invoked Section 34 of the Arbitration Act, 1940, seeking a stay on the ground that the dispute fell within the arbitration …

STATE OF U.P.versusALLIED CONSTRUCTIONS

2003 INSC 350Disposed off

The State of Uttar Pradesh contracted Allied Constructions to build a bridge-cum-fall, but a flood in August 1991 damaged the partially completed work. Allied claimed loss and obtained an arbitral award of Rs.12,55,365 with interest. The State contended that Clause 47 of the contract, a …

M/S. N.S. NAYAK AND SONSversusSTATE OF GOA

2003 INSC 286Dismissed

The appellant, N.S. Nayak & Sons, challenged the High Court's dismissal of its appeals under Section 37 of the Arbitration Act, 1940, arguing that the Arbitration and Conciliation Act, 1996 should govern the appeals because the arbitration agreement referred to "the provisions of the Arbitration …

DELHI TRANSPORT CORPORATION LTD.versusROSE ADVERTISING

2003 INSC 239Dismissed

The Delhi Transport Corporation (DTC) entered into a 1993 agreement with Rose Advertising containing an arbitration clause. A dispute arose and the contractor sought appointment of an arbitrator in early 1996; the arbitrator was appointed on 4 July 1996, after the Arbitration and Conciliation Act, …

SUKANYA HOLDINGS PVT. LTDversusJAYESH H. PANDYA AND ANR.

2003 INSC 230Dismissed

Sukanya Holdings Pvt. Ltd. and J.H. Pandya entered into a partnership agreement that contained an arbitration clause. After the partnership fell into dispute, the respondent filed a suit for dissolution, accounts and other reliefs, including claims against purchasers of flats who were not parties to …

FOOD CORPORATION OF INDIAversusSURENDRA, DEVENDRA AND MAHENDRA TRANSPORT CO.

2003 INSC 58Case Partly allowed

The Food Corporation of India (FCI) entered into a contract with Sure... Transport Co. containing an arbitration clause (Clause XX) that referred all disputes to an arbitrator except matters whose decision was expressly provided for in the contract. Clause XII specifically excluded claims relating …

N. KHADERVALI SAHEB (DEAD) BY LRS. AND ANR.versusN. GURUSAHIB (DEAD) AND ORS.

2003 INSC 59Appeal(s) allowed

A partnership of four family members was dissolved and the partners' residual assets were allocated by an arbitration award dated 2 October 1972. Some partners objected to the award under Section 30 of the Arbitration Act, 1940, contending that the award needed to be registered under Section 17 of …

RENU DEVIversusMAHENDRA SINGH AND ORS.

2003 INSC 57Appeal(s) allowed

The case involved a partition suit of a joint Hindu family where a compromise decree dated 13‑Feb‑1978 allocated specific parcels of land to each party by metes and bounds, but it was not engrossed on stamp paper. A later decree dated 24‑May‑1979, executed on stamp paper, merely reproduced the …

M/S. SHYAMA CHARAN AGARWALA AND SONSversusUNION OF INDIA

2002 INSC 301Disposed off

The contractors Mis. Shyama Charan Agarwala & Sons entered into construction contracts with the Union of India and, after disputes arose, referred the matters to arbitration. The arbitrator awarded reimbursement for additional costs relating to stone aggregate, excavation of rock, and work in a …

SANGAMNER BHAG SAHAKARI KARKHANA LTD.versusMIS. KRUPP INDUSTRIES LTD.

2002 INSC 269Disposed off

The appellant, a cooperative sugar factory, entered into a contract with the respondent for the design and supply of machinery, which contained an arbitration clause. Disputes arising under the contract were referred to two arbitrators who awarded Rs. 151.97 lacs to the appellant. The civil judge, …

UNION OF INDIA AND ORS.versusARADHANA TRADING CO. AND ORS.

2002 INSC 174Dismissed

The Union of India entered into supply contracts with respondents and, after disputes, arbitrators were appointed by the Calcutta High Court. The arbitrators filed their award in the Calcutta High Court, and the court made the award a rule of court despite the Union’s claim that it should have been …

GENERAL MANAGER NORTHERN RAILWAYS AND ANR.versusSARVESH CHOPRA

2002 INSC 114Appeal(s) allowed

The appellant, General Manager Northern Railways, entered into a construction contract with the respondent, Sarvesh Chopra, which contained both General and Special Conditions. Disputes arose and the respondent filed a petition under Section 20 of the Arbitration Act, 1940 seeking arbitration of six …

INDER SAIN MITTALversusHOUSING BOARD HARYANA AND ORS.

2002 INSC 96Appeal(s) allowed

The Housing Board filed civil suits against contractor I.S. Mittal, and the court appointed a Superintending Engineer as arbitrator. The arbitrator was transferred during the proceedings but continued the arbitration and issued an award. The Board objected under Section 30 of the Arbitration Act, …

J.G. ENGINEER'S PVT. LTD.versusCALCUTTA IMPROVEMENT TRUST AND ANR.

2002 INSC 48Appeal(s) allowed

J.G. Engineer's Pvt. Ltd., a contractor, had its contract with Calcutta Improvement Trust (CIT) terminated on the basis of an engineer's certificate alleging non‑completion of work. The dispute was referred to arbitration, where the arbitrator held that the termination was wrongful and awarded the …

ASIA RESORTS LTD.versusUSHA BRECO LTD.

2001 INSC 540Disposed off

Asia Resorts Ltd. contracted Usha Breco Ltd. to install a ropeway system which failed to meet specifications. Asia Resorts issued a notice on 17 April 1990 and received a definitive denial on 17 May 1990, after which it filed a petition under Section 20 of the Arbitration Act on 30 November 1993. …

UNION OF INDIAversusM/S. POPULAR CONSTRUCTION CO.

2001 INSC 487Dismissed

An arbitral award dated 29 August 1998 was forwarded to the Union of India with a request to file it in the Bombay High Court under the Arbitration Act, 1940. The Union filed the award on 29 March 1999 and challenged it on 19 April 1999, initially invoking sections of the 1940 Act, later amending …

SMITA CONDUCTORS LTD.versusEURO ALLOYS LTD.

2001 INSC 417Dismissed

Smita Conductors Ltd. (appellant) and Euro Alloys Ltd. (respondent) entered into contracts for the supply of aluminium rods that contained an arbitration clause but were never signed by the appellant. The appellant opened irrevocable letters of credit and made shipments, but later invoked a …

M/S. ETHIOPIAN AIRLINESversusM/S. STIC TRAVELS (P) LTD.

2001 INSC 290Dismissed

Ethiopian Airlines terminated its agreement with STIC Travels and the dispute was referred to arbitration under a clause that the tribunal would consist of three arbitrators, each party appointing one and the two appointed arbitrators selecting a third who would act as Chairman. After the death of …

INDU ENGINEERING AND TEXTILES LTDversusDELHI DEVELOPMENT AUTHORITY

2001 INSC 291Appeal(s) allowed

Indu Engineering & Textiles Ltd. supplied hard coke to the Delhi Development Authority (DDA) under a contract containing a price‑escalation clause. The clause was later modified to apply only when there was a statutory increase in price. DDA refused to pay the escalated price for hard coke, leading …

M/S. FUERST DAY LAWSON LTD.versusJINDAL EXPORTS LTD.

2001 INSC 255Appeal(s) allowed

Mis. Fuerst Day Lawson Ltd. entered into a supply contract with Jindal Exports Ltd. which gave rise to a dispute arbitrated before the International General Produce Association, resulting in a foreign award dated 13 August 1996. The award was sought to be enforced in Delhi High Court, but the court …

M/S SIKKIM SUBBA ASSOCIATESversusSTATE OF SIKKIM

2001 INSC 236Disposed off

Mis Sikkim Subba Associates was appointed by the State of Sikkim as the organising agent for state lotteries. A dispute over payments led to arbitration under the Arbitration Act, 1940, where the arbitrator awarded the appellants Rs 37.75 crore in damages. The State sought to set aside the award …

EAST INDIA HOTELS LTD.versusAGRA DEVELOPMENT AUTHORITY

2001 INSC 162Appeal(s) allowed

The dispute between East India Hotels Ltd. and Agra Development Authority was referred to arbitration, and the umpire filed the award on 13 November 1998, which the trial court made a rule of court on 25 February 1999. The respondent challenged the award in a revision, arguing that the court had not …

RAMACHANDRA REDDY AND CO.versusSTATE OF ANDHRA PRADESH AND ORS.

2001 INSC 120

The appellant, a contractor, claimed a higher rate for extra hard‑rock excavation under a government contract, invoking Clause 63 and alleged an error apparent on the face of the arbitral award. The arbitral panel had rejected the claim, and the trial court remitted the award for reconsideration …

BHARAT COKING COAL LTD.versusM/S I.K. AHUJA AND CO.

2001 INSC 102Disposed off

Bharat Coking Coal Ltd. awarded two construction contracts to L.K. Ahuja & Co. which later led to disputes and were referred to a sole arbitrator, M.P. Sharma, a former officer of the employer. The arbitrator issued hybrid awards that largely relied on joint statements but decided only the …

UP STATE ELECTRICITY BOARDversusSEARSOLE CHEMICALS LTD.

2001 INSC 103Dismissed

The Uttar Pradesh State Electricity Board entered into a contract with Searsole Chemicals Ltd for continuous 24‑hour electricity supply, with a proviso exempting the Board from liability for interruptions caused by accidents, government orders, strikes, etc. A dispute arose and, under the contract’s …

STAR CONSTRUCTION AND TRANSPORT CO. AND ORS.versusTHE INDIA CEMENTS LTD.

2001 INSC 84Dismissed

Star Construction and Transport Co. and others appealed against The India Cements Ltd. after a non‑speaking arbitration award of Rs. 65,00,000 was reduced to Rs. 49,00,000 by the respondent, who claimed a set‑off of Rs. 16,00,000 arising from two suits pending before the High Court. The respondent …

UNION OF INDIA AND ORS.versusMANAGER, M/S JAIN AND ASSOCIATES

2001 INSC 75Appeal(s) allowed

The Union of India and others appealed against a decree passed by the High Court under Section 17 of the Arbitration Act, 1940 after an arbitrator's award, where the appellants had not filed objections within the prescribed 30‑day period. The High Court had held that such a decree was not an …

INTERNATIONAL CONSTRUCTION COMPANY ETC.versusSTATE OF ANDHRA PRADESH AND ORS.

2001 INSC 62Dismissed

The Supreme Court considered two contracts awarded in 1977 for earthwork and aqueduct construction in Andhra Pradesh. The contractors claimed reimbursement for losses caused by a cyclone in November 1977 and floods in June 1978, but their claim letters did not comply with Clause 83 of the contract, …

PARADIP PORT TRUST AND ORS. ETC.versusUNIQUE BUILDERS ETC.

2001 INSC 50Case Partly allowed

Paradip Port Trust entered into a scrap‑sale agreement with Unique Builders that contained an arbitration clause. Disputes were referred to an arbitrator who awarded a lump‑sum of Rs 8,51,315 with interest, without giving reasons and based solely on documentary evidence. The Sub‑Judge set aside the …