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389 judgments · newest first · showing 201–389
The case concerned whether an arbitrator appointed, with or without court intervention, could award interest on sums due for the period before the arbitration reference (pre‑reference period) in disputes that arose before the Interest Act, 1978. The contractor’s award included interest from the due …
The dispute arose after the death of Chiranjilal Srilal Goenka, whose daughter claimed inheritance under a will, while his adopted son claimed rights based on a letter dated 26‑January‑1961 from his natural father promising him inheritance. An arbitrator held the will inoperative and declared the …
The appellant and respondent, brothers, were in dispute over a property and referred the matter to arbitration. An arbitral award was made on 21 January 1996 and filed in the Sub‑Judge's court on 14 May 1996. The respondent filed a caveat on 11 June 1996 seeking notice before any order, but the …
The Union of India entered into a construction contract with M/s Popular Builders, who after completing the work, accepted a final bill without objection and received payment. The builder later claimed additional work not covered in the final bill and, at its request, an arbitrator was appointed who …
National Fertilizers Ltd. awarded a works contract to Puran Chand Nangia for 48% of a Rs. 3.39 crore project. The contract contained a clause that quoted rates would remain firm for variations up to ±25% of the contract price, beyond which market rates could apply. After the work was varied both …
Kamal Pushp Enterprises (appellant) had a contract with Gas Authority of India Ltd. and subcontracted the work to D.R. Construction Company (respondent), an unregistered partnership under the Partnership Act, 1932. A dispute led to arbitration under the Arbitration Act, 1940, and the arbitrator …
The Supreme Court examined the practice of the National Consumer Disputes Redressal Commission (NCDRC) referring consumer disputes to a retired judge for "consensual adjudication" and then treating the award as its own order. It held that the Consumer Protection Act, 1986 does not empower the …
Essar Constructions appealed a Supreme Court order dismissing its appeal against a High Court decision that had condoned delay in filing an application under Section 30 of the Arbitration Act, 1940. The dispute arose from three arbitrators where two awards favored Essar and one favored the …
The partnership firm V.H. Patel & Co. and its members sued former partner H.H. Patel for declaration that a retirement deed was void and for injunction against his use of three trademarks. The parties entered a consent order referring all disputes arising from the partnership agreement, retirement …
During the pendency of an appeal, the parties executed an arbitration agreement and sought to have the Supreme Court refer the dispute to arbitration under Section 8 of the Arbitration and Conciliation Act, 1996. The Court examined whether the phrase "which is the subject of an arbitration …
M/S Jupitor Chit Fund (P) Ltd, a chit fund company, sued the legal representatives of Shiv Narain Mehta for recovery of Rs.10,000 after a dispute over non‑payment of instalments. The dispute was referred to an arbitrator, but the award was set aside because the reference to arbitration was improper …
The Supreme Court examined three appeals concerning the applicability of the Arbitration and Conciliation Act, 1996 (the new Act) versus the Arbitration Act, 1940 (the old Act) and the Foreign Awards Act, 1961. In Thyssen Stahlunion GmbH v. SAIL (CA 6036/98), arbitral proceedings began in 1995 under …
Rajasthan State Mines and Minerals Ltd. entered into a turnkey contract with Eastern Engineering Enterprises that contained clauses fixing the rate of payment and expressly prohibiting any extra claims. The contractor later claimed escalation and other additional payments, which the arbitrator …
Mis Arosan Enterprises Ltd entered into a contract with the Union of India/FCI for the supply of 58,000 metric tonnes of sugar, stipulating that shipment by 31 October 1989 was the essence of the contract but also allowing the buyer to extend the delivery period at a discount. The buyer cancelled …
The Steel Authority of India Ltd. (appellant) challenged an arbitral award that granted damages for delay in handing over a work site, which the contract expressly prohibited. The appellant also argued that the claim was barred by the three‑year limitation period under the Limitation Act, 1963. The …
The State of Jammu & Kashmir terminated a measurable‑item rate contract with contractor Dev Dutt Pandit after less than 50% of the work was completed and the contractor filed a petition under Section 20 of the Arbitration Act. An arbitrator awarded Rs. 20,08,000 based on a final bill prepared from …
The Indore Development Authority conducted a public auction of a government land parcel; the appellant, Malik Brothers, was the highest bidder but failed to pay the balance, leading to forfeiture of the premium. The appellant challenged the forfeiture and the Authority referred the dispute to an …
The appellant, P.A. Ahmed Ibrahim, contracted with the Food Corporation of India (FCI) for loading, unloading and transport of foodgrains from 1973 to 1975, the agreement containing an arbitration clause. In 1978 the appellant sued FCI for recovery of pending dues, while FCI filed a petition under …
The Food Corporation of India (FCI) and Sreekanth Transport entered into a government contract containing an arbitration clause and an excepted‑matter clause (clause 12) that vested final authority in the Senior Regional Manager. Sreekanth Transport filed a suit under Section 20 of the Arbitration …
The appellant (Superintending Engineer) and respondent (B. Subba Reddy) entered into four contracts which were later arbitrated, resulting in awards that granted damages for delay and interest at 18% per annum on the total award, EM Deposit, Bank Guarantee and damages. The Principal Subordinate …
The Oil and Natural Gas Commission (ONGC) appealed a decree based on an arbitral award that required M.C. Clelland Engineers to pay the principal amount plus interest at 12% and an additional interest on that interest. The appellant argued that the arbitrators had no power to award interest on …
The Supreme Court considered an arbitration award arising from a construction contract for the Giri Hydel project, where the contractor claimed price revision after the total work exceeded a 20% deviation limit. The arbitrators were tasked with interpreting the contract clauses on rate revision and …
The State of Orissa and Orient Paper & Industries Ltd entered into an agreement granting exclusive rights to fell bamboos, which later gave rise to disputes over the measurement of bamboo quantities. The parties referred three specific questions to an arbitrator: the correctness of the Chief …
The appellant, V.G. George, a mining contractor, entered into a contract with Indian Rare Earths Ltd. for the supply of raw sand. Disputes were referred to an arbitrator who awarded sums for obstruction by local parties and for a wage escalation, despite the contract assigning responsibility for …
The appellant, S.S. Sodhi, entered into a construction contract with the State of Punjab and disputes arose, leading to arbitration. The arbitrator first issued an interim award on 26 November 1992 for Item No. 1 and later a final award on 28 January 1994 covering the same item. Both awards were …
The contractors M.K. Shah Engineers and Chabaldas & Sons were engaged by the State of Madhya Pradesh to construct the Barna Main Dam. Their contracts contained an arbitration clause requiring a prior decision by the Superintending Engineer (SE) and a 28‑day notice to challenge it before arbitration …
The appellant entered into a construction contract with the respondent that contained clauses making the decisions of the Executive Engineer and the Managing Director final and binding on the parties. Disputes arose over payments and work, and the appellant sought appointment of an arbitrator under …
Utkal Commercial Corporation entered into a contract with Central Coal Fields Ltd to supply alumina ferric, which expired in August 1975. A dispute arose and the appellant served a notice on 12 September 1976 demanding the respondent concur in the appointment of an arbitrator under Section 8 of the …
Sundaram Finance Ltd entered into a hire‑purchase agreement for two wind‑turbine generators with NEPC India Ltd, which contained an arbitration clause. After the respondent defaulted on payments, the appellant sought interim custody of the equipment under Section 9 of the Arbitration and …
The appellant Bhandari had given a short‑term loan of Rs 15 lakh to the respondent Heavy Mechanical Lifting Enterprises. A dispute over interest and repayment was referred to arbitration; the arbitrator passed an award on 17‑Apr‑1985 and, after a four‑year delay, filed it in the Calcutta High Court …
The appellant, a shipowner, and the respondent, Indian Oil Corporation, negotiated a charter party for shipping pipes but never signed the agreement because they could not agree on the format of a standby letter of credit and a performance guarantee, which were treated as conditions precedent. The …
The State of U.P. entered into a contract with Harish Chandra & Co. for excavation and construction work, which the contractor failed to complete, leading the State to finish the work through other agencies and incur extra costs. The dispute over payment was referred to arbitration, where the …
The dispute arose between two branches of the Modi family over the division of assets and companies following a 1989 Memorandum of Understanding (MOU). Clause 9 of the MOU referred any implementation disputes to the Chairman of the Industrial Finance Corporation of India (IFCI), whose decision was …
Construction India entered into works contracts with the Government of Orissa and, after the respondents failed to refer disputes to arbitration, the parties appointed Shri G.S. Patnaik, Chairman of the Orissa Arbitration Tribunal, as a sole arbitrator under Section 8 of the Arbitration Act, 1940. …
Sumitomo Heavy Industries Ltd entered into a contract with ONGC Ltd for the installation of an oil platform, containing a clause that disputes would be governed by Indian law and arbitrated in London under ICC rules. A dispute led to arbitration, and the appointed umpire issued an award. ONGC filed …
Dwarikesh Sugar Industries Ltd. entered into a contract with Prem Heavy Engineering Works (P) Ltd. for supply of equipment, the latter furnishing two unconditional bank guarantees from State Bank of India. When the equipment was not delivered, Dwarikesh invoked the guarantees, but Prem obtained ex …
Premier Fabricators entered into a contract with Heavy Engineering Corp. that contained an arbitration clause. Disputes over items 2‑5 of the claim were referred to two arbitrators, who agreed the items were arbitrable but could not agree on the merits, so they appointed an umpire. The umpire issued …
The petitioners, Steeman Ltd., were contracted to construct the Sitla Bridge in Himachal Pradesh. Disputes over progress and payments led to the imposition of a penalty and rescission of the contract, which the petitioners successfully appealed, allowing work to continue and the matter to be …
The appellant contracted to transport waste and finished products for the respondent. A dispute arose and the appellant invoked Section 20 of the Arbitration Act, 1940, leading to a sole arbitrator’s award of Rs 5,29,864.55 with 18% interest from 1 April 1983. The City Civil Court confirmed the …
The Tamil Nadu Electricity Board (TN EB) contracted Bridge Tunnel Constructions to build inter‑connecting tunnels for the Suruliyar Hydroelectric Project. After the contract was completed late, a dispute arose over additional payments. The respondent invoked the arbitration clause (clause 50) and …
The Supreme Court examined whether an arbitrator under the Arbitration Act, 1940 could award interest for three distinct periods – pre‑reference, pendente lite, and post‑award – in light of the Interest Act, 1978 and contractual terms. It held that an arbitrator may award pre‑reference interest only …
The U.P. State Sugar Corporation entered into a contract with M/s Sumac International Ltd. for the supply and installation of a sugar plant, requiring the seller to furnish several irrevocable bank guarantees payable on demand. The contract was not completed within the stipulated or extended time, …
The appellant, a contractor, entered into a contract with the State of Rajasthan for bridge widening works. A dispute arose and, by mutual agreement, the matter was referred to an arbitrator. While arbitration was pending, the respondent attempted to adjust amounts due to the appellant against …
M.M.T.C. Ltd. appealed against a High Court order directing it to appoint an arbitrator under the Arbitration and Conciliation Act, 1996. The dispute arose after the 1996 Act came into force, so the Court examined whether the arbitration clause in a 1993 agreement, which provided for each party to …
The appellant and several respondents were partners in an unregistered partnership firm and a suit for dissolution and accounts was filed by one partner. The partnership deed contained an arbitration clause, leading the appellant to obtain a stay of the suit under Section 34 of the Arbitration Act …
M/s. Fair Air Engineers Pvt. Ltd. entered into a contract with N.K. Modi to install a centrally air‑conditioned plant in his house. After alleged breach, the respondent filed a complaint before the State Consumer Commission, which stayed the proceedings and ordered the parties to arbitrate under …
Ansal Engineering Projects Ltd entered into a construction contract with Tehri Hydro Development Corporation Ltd (THDC) and furnished a bank guarantee of Rs 57,57,970 issued by UCO Bank in favor of THDC. After THDC terminated the contract, it invoked the guarantee and demanded payment. Ansal sought …
The Punjab State Electricity Board (PSEB) disconnected electricity to Mis. Guru Nanak Cold Storage for non‑payment of dues. The respondent claimed damages for the disconnection and invoked arbitration under Section 52 of the Indian Electricity Act, 1910 and Section 76(2) of the Electricity (Supply) …
The Secretary to the Government of Karnataka (appellant) contracted V. Harishbabu for canal work, but disputes led to arbitration. The arbitrator issued an award on 22‑April‑1993 and the respondent filed a petition under Sections 14 and 17 of the Arbitration Act, 1940 on 23‑April‑1993, attaching a …
Hindustan Steelworks Construction Ltd. (HSCL) awarded a construction contract to Tarapore & Co. (the contractor) and obtained fourteen unconditional bank guarantees from Bank of India, each stipulating that HSCL was the sole judge on breach and loss. After the contractor failed to complete the work, …
The Supreme Co‑operative Group Housing Society entered into a construction contract with H.S. Nag & Associates that contained an arbitration clause (clause 32). After additional towers were awarded, a dispute arose and the respondent filed an application under Section 20 of the Arbitration Act, 1940 …
The Supreme Court considered a dispute arising from the dissolution of an unregistered partnership, Krishna Motor Service, where the respondent, a partner without capital contribution, sought arbitration under Section 20 of the Arbitration Act, 1940. The partnership was not registered as required by …
Klockner & Co., a German firm, had a marketing agreement with Orissa Mining Corporation (OMC) for exclusive marketing of charge chrome, containing an arbitration clause referring disputes to the ICC in London under Swiss law. After OMC's charge‑chrome division was taken over by the State of Orissa …
The Union of India entered into a contract with M/s G.S. Atwaland Co. for excavation work, and a dispute over equipment hire charges was referred to a sole arbitrator, T. Raja Ram, in the fifth arbitration. The arbitrator unilaterally enlarged the reference to include additional claims not …
The U.P. Rajkiya Nirman Nigam Ltd (appellant) and Indure Pvt Ltd (respondent) were negotiating a joint tender for the U.P. State Electricity Board. The appellant sent a draft agreement which it did not sign; the respondent returned a counter‑proposal deleting clause 10 and materially altering clause …
The dispute concerned ownership of certain properties and was referred to arbitration, resulting in an award on 26 February 1986. Neither party applied to file the award in court within the 30‑day period prescribed by Article 119 of the Limitation Act, 1963. Six years later, the arbitrator himself …
Syam Sunder Agarwal & Co. entered into a contract with the Union of India, which later gave rise to an arbitration award of Rs. 6,72,645.56 in favour of the appellant. The award was made a rule of court by the Assistant to the Deputy Commissioner, Shillong, and the Union of India appealed the award …
M.L. Jaggi challenged three telephone bills issued by Mahanagar Telephones Nigam Ltd. The dispute was referred to arbitration under Section 7B of the Indian Telegraph Act, 1985, which makes the arbitrator's award conclusive and not open to court challenge. The arbitrator awarded the bills with a …
Kaveri Engineering Industries Ltd entered into a contract with United Shipping Corporation Ltd for the transshipment of 400 MT of fabricated steel structures from Madras to Chittagong for a fixed freight of Rs 2 lakhs, irrespective of cargo volume. The shipping agent later demanded Rs 10.70 lakhs …
The State of Orissa appealed against the appointment of an arbitrator under Sections 8 and 20 of the Arbitration Act, 1940, filed by contractor Sri Damodar Das. The Supreme Court examined whether Clause 25 of the water‑supply contracts, which made the decision of the Public Health Engineer final, …
The Board of Trustees for the Port of Calcutta contracted with Engineers‑de‑Space‑Age, including a clause (13(g)) that barred the Commissioners from entertaining any claim for interest on delayed payments. An arbitrator, however, awarded interest pendente lite. The Board appealed, contending that …
The appellant Sudhir Brothers were awarded a construction contract by the Delhi Development Authority. Disputes led to a reference to arbitration on 1 April 1984; the arbitrator entered the reference on 8 February 1985 and rendered an award on 15 July 1987, granting the appellant the contract sum …
The appellant, Indian Drugs & Pharmaceuticals Ltd., entered into a contract with respondent No.2 for filling medicine vials, which was terminated on 1 April 1984. After discovering defects in the vials in 1985, the appellant sought reimbursement and invoked the arbitration clause (clause 19) to …
The State of Uttar Pradesh entered into a construction contract with Ram Nath International for dam works, but design changes caused a substantial increase in the quantity of work. The contractor claimed a higher rate for the extra work, which the arbitrator accepted and awarded, also directing that …
The Delhi Development Authority (DDA) invited tenders for steel bars and accepted a tender from J.K. Jain and others for 10,000 metric tonnes. The parties executed a formal agreement that incorporated the tender form and expressly stated that the terms and conditions of the tender form would be …
The Registrar of Co-operative Societies, West Bengal, appointed an arbitrator under the West Bengal Cooperative Societies Act, 1983 to resolve a dispute with a transport contractor. The arbitrator failed to render an award within the one‑year period prescribed by s.96(5)&(6). The contractor …
The Madras Port Trust invited tenders in 1957; the contractor submitted a tender with deviations, notably that the Trust would import and supply plant and machinery. The Trust refused to incorporate the contractor’s modifications, and the contract was signed without them. Delays in importing the …
The dispute arose under a contract that named the Superintending Engineer, Planning Circle, Chandigarh as the arbitrator. After the arbitrator was appointed and began his duties, the contractor (appellant) complained that the arbitrator delayed the award and sought the court’s intervention to revoke …
The State sought enhanced compensation for land acquired at Bambolim, Goa, and filed an appeal against the Civil Court's award on August 25, 1967. The Government Pleader was uncertain whether to pursue the appeal under the Portuguese Code (Recurso de Apelacao) or the Code of Civil Procedure (CPC), …
The petitioners, contractors who had contracts with the State of Orissa, obtained arbitral awards from Special Arbitration Tribunals which were later made "Rules of Court" by civil courts. The State subsequently enacted the Arbitration (Orissa Second Amendment) Act, 1991, which retrospectively …
The appellant, National Thermal Power Corporation Ltd., entered into a contract with Flowmore Private Ltd. for the supply of pumps and related equipment, under which Flowmore furnished five bank guarantees payable on demand. Disputes arose and the parties referred the matter to arbitration; during …
Canara Bank appealed a decision of the Company Law Board (CLB) that had refused to register bonds purchased from Nuclear Power Corporation of India Ltd. The CLB had been hearing the bank's application under Section 111 of the Companies Act when the Special Court (Trial of Offences Relating to …
Hindustan Construction Co. Ltd. entered into a dam‑construction contract with the Government of Orissa. A dispute over escalation charges and other sums exceeding Rs 1 crore was referred to an Arbitration Tribunal, which directed the State to refer the matter to a Special Arbitration Tribunal under …
The Supreme Court had earlier referred the disputes between M/s Bharat Coking Coal Ltd. and M/s C.K. Ahuja to arbitration by consent, appointing an arbitrator who rendered an award on 14 February 1994. The award was filed before the Court and notice of filing was given on 29 April 1994. The …
The appellants, the widow and alleged son of a deceased partner, sought the accounts of an unregistered partnership firm that had dissolved upon the partner's death. They invoked Clause 16 of the partnership deed, which mandated referral of any dispute to named arbitrators, and filed a suit under …
Mis Subhash Aggarwal Agencies (appellant) and Mis Bhilwara Synthetics Ltd. (respondent) were members of the Delhi Hindustani Mercantile Association. The appellant claimed Rs 4,51,246.50 and the dispute was referred to a sole arbitrator who, following a High Court direction dated 20‑Nov‑1981, gave a …
The contractor (appellant) entered into an excavation contract with the State Government and, after disputes, the matter was referred to an arbitrator who rendered an award on 29 July 1985. The award was filed in the court on 5 August 1985, the court gave notice of filing on 7 August 1985, and the …
The appellant, a contractor, entered into a contract to construct a food‑grains godown for the Government of Andhra Pradesh. The engineer withheld part of the payment alleging that the work was not executed as per the contract. The dispute was referred to an arbitrator who awarded the contractor the …
The dispute concerned jewellery belonging to two trusts created by the Nizam of Hyderabad. An arbitration award directed the Union of India to pay Rs 180 crore to purchase the items, which was challenged by the Union and the trustees under Sections 15 and 16 of the Arbitration Act, 1940. …
The case concerned 173 items of jewellery belonging to the Nizam of Hyderabad, held in two trusts, which the Union of India sought to purchase under the Antiquities and Art Treasures Act. The parties entered a compromise agreement to resolve all disputes by arbitration, and the umpire fixed a just …
The appellant, Mis. Kalimpong Land and Building Ltd., owned a three‑storeyed godown and 4.9 acres of land that were requisitioned by the State of West Bengal in 1964 under the Requisitioning and Acquisitioning of Immovable Property Act, 1952. After a protracted arbitration process that began in 1967 …
The State of Rajasthan and Puri Construction Co. Ltd. entered into a dam‑construction contract containing an arbitration clause. Disputes were referred to two retired judges as arbitrators, who awarded Rs 1 crore in favour of the contractor. The State challenged the award on grounds of arbitrator …
The parties to a family arbitration agreement divided joint family property among six branches, with a retired district judge acting as arbitrator. After the award was registered, objections were filed, and later amended to include new allegations of arbitrator misconduct. The High Court set aside …
In a criminal petition, the parties consented to refer a dispute between the petitioner and Respondent No.3 to an arbitrator, limiting the reference to those two parties. The arbitrator, however, issued an award holding Respondent No.5 liable for a sum, despite Respondent No.5 not being a party to …
The appellant, G. Ramachandra Reddy & Co., invoked clause 17 of its contract with the respondent, the Chief Engineer of the Military Engineering Service, to have a sole arbitrator appointed. After the respondent failed to appoint an arbitrator despite a notice, the appellant filed a suit under …
Sardar Singh claimed a half‑share in a house purchased by his brother Kartar Lal, which was later sold by Kartar Lal to Joginder Nath (respondent). A private arbitration award declared that both brothers were co‑owners, each holding an equal share, but the award was not registered. The respondent …
The Union of India entered into a construction contract with M/s. Jain Associates, which was later terminated for non‑completion. The contractor claimed Rs 37,37,885 and the Union counter‑claimed Rs 9,49,701. An umpire under the Arbitration Act, 1940 awarded the contractor Rs 24,10,330, granting …
The appellant, K. Sasidharan, entered into a contract with the Kerala State Film Development Corporation to construct a theatre. A dispute arose during execution and the appellant sought appointment of an arbitrator under Section 20 of the Arbitration Act, 1940, relying on clause 73 of the Madras …
Bassi Cold Storage, a consumer of electricity supplied by the Punjab State Electricity Board, claimed that its supply was wrongfully disconnected and sought damages. The consumer invoked Condition 29 of the Board's Abridged Conditions of Supply, which provided that disputes not determinable under …
Tarapore & Co. entered into a contract with the State of Madhya Pradesh for the construction of a masonry dam, which required the contractor to pay not less than "fair wages" and to observe labour laws without any claim against the Irrigation Department. After the State revised minimum wages, the …
The plaintiff (borrower) sued the suppliers, lenders and guarantor over a power‑plant project, invoking credit agreements that contained arbitration clauses. The lenders, particularly Svenska Handelsbanken (defendant No. 4), instructed their counsel not to appear or take any step in the main suit, …
Renusagar Power Co. entered into a contract with General Electric for the supply of equipment for a power plant, which later gave rise to disputes and an ICC arbitration. The arbitral tribunal awarded US$12,215,622.14, including regular interest, delinquent interest, compensatory damages, and costs. …
The State of West Bengal (Public Works Department) and National Builders disputed a claim arising from the construction of a 250‑bed hospital. Clause 25 of their contract appointed the Chief Engineer as sole arbitrator, who in turn nominated a Superintending Engineer. After 59 sittings the …
Brace Transport Corporation of Monrovia sold a vessel to Orient Middle East Lines Ltd. and its nominee under a contract that provided for arbitration in England. An arbitral award granted the appellant a monetary sum, part of which remained unpaid. The vessel was subsequently sold to a third …
The appellant, Mis Chahal Engineering, entered a turn‑key lump‑sum contract with the Punjab Irrigation Department to construct an aqueduct. Design changes increased quantities, and the contractor claimed extra payment, leading to arbitration. The first arbitrator treated the contract as having …
The Food Corporation of India and others (appellants) sued E. Kutiappan (respondent) under Section 20 of the Arbitration Act, 1940 for appointment of an arbitrator. Arbitrator B.S. Hegde made awards on 3 Oct 1988 and, at the respondent’s request, sent the award to the respondent’s counsel, who filed …
The State of West Bengal sought the appointment of an arbitrator under clause 25 of a contract, but the Chief Engineer failed to act, prompting the respondent to approach the High Court. A Single Judge of the Calcutta High Court revoked the Chief Engineer's authority and appointed Shri D.K. Roy …
Panchu Gopal Bose entered into an arbitration agreement on 27 May 1978 to complete work within nine months. He claimed he sent bills on 12 July 1979 but received no payment, and only on 28 November 1989 did he issue a notice invoking arbitration. The respondent filed an arbitration suit under …
M. Dayanand Reddy, a Class I contractor, entered into a contract with A.P. Industrial Infrastructure Corporation Ltd on 11‑December‑1986 for constructing a sewer line. When disputes arose, Reddy invoked an arbitration clause he claimed existed in Clause 3 of a copy of the agreement (Ex A‑3) that …
The respondent, K.V. Mohan Rao, entered into a building contract with Nandyal Co‑Op Spinning Mills Ltd. that contained a clause mandating that all disputes be referred to a sole arbitrator appointed by the owner’s Administrative Head, with no objection to the arbitrator being the owner’s …
The dispute between Jagdish Chander Bhatia and Lachhman Das Bhatia over shares in two houses was referred to arbitration by the Supreme Court, which appointed a retired chief justice as sole arbitrator. The arbitrator issued a speaking award allocating specific shares based on contributions to the …
Six brothers who were partners in two firms entered into arbitration to resolve disputes. The arbitrators awarded a division of the firms' assets, including immovable properties, among the brothers upon dissolution. A Single Judge ordered the award to be registered before it could be made a rule of …
The appellant, Binod Bihari Singh, entered a contract with the Union of India for handling goods at a railway shed, which was terminated early. An arbitrator was appointed and awarded Rs. 82,100 to the appellant on 26 February 1965. The appellant filed an application on 20 May 1966 under Section 17 …
Ludhiana Steel Private Ltd. disputed a bill from Punjab State Electricity Board for electricity supplied between 6 Oct 1986 and 16 May 1988, alleging the meter under‑recorded consumption. The company sought injunctions and approached the Electrical Inspector under Section 26(6) of the Indian …
The State of Orissa contracted B.N. Agarwala to construct an irrigation project. After completion, Agarwala claimed extra work payments, and the dispute was referred to the Superintending Engineer, who acted as sole arbitrator and awarded Rs.1,59,298, including Rs.61,086.61 as interest for the …
The appellant, Everest Co‑owners, owned three godowns that were leased to the Food Corporation of India and later occupied by the respondent, M.P. State Ware Housing Corporation, without the appellant’s consent. After the lease expired, the appellant claimed damages of Rs 4,76,984 and invoked the …
India Meters Ltd responded to a tender by offering to supply electricity meters on its own payment terms, including a request to waive a bank guarantee. The Punjab State Electricity Board issued a purchase order for 75,000 meters but retained its own payment conditions and required samples, also …
Hindustan Construction Co. Ltd. entered into a bridge‑construction contract with the State of Jammu & Kashmir and, after disputes, the matter was referred to arbitration. The arbitrators awarded the contractor on several items, including full amounts on items 2 and 5 and interest on the total claim, …
The Reserve Bank of India (RBI) entered into a sale agreement with S.S. Investments that contained an arbitration clause. Two arbitrators – a former judge and a lawyer – were appointed but each issued a separate award, indicating a disagreement. The RBI sought to refer the matter to the appointed …
The appellant, a contractor, entered into a 1966 agreement with the State of Kerala to complete work within ten months, but failed to do so and the contract was terminated in 1968. The State served a demand notice under the Revenue Recovery Act on 30 May 1974, which the appellant contested by a writ …
The National Thermal Power Corporation (NTPC) entered into a contract with Singer Company for equipment supply, stipulating that Indian law would govern the contract and Delhi courts would have exclusive jurisdiction. A dispute was referred to an ICC arbitral tribunal, which chose London as the seat …
The Government of Orissa entered into a construction contract with G.C. Roy, which contained an arbitration clause. After the work was completed, a dispute arose and the arbitrator awarded the contractor the claimed sum plus 9% interest pendente lite from the date the amount became due. The …
The Goa, Daman and Diu Housing Board entered into four construction contracts with Ramakant V.P. Darvotkar, which were later terminated for alleged abandonment of work. The Board sued for damages, but the parties were bound by an arbitration agreement; an arbitrator was appointed and awarded the …
Burn Standard Company Ltd., a Government undertaking, entered into a technical collaboration agreement with McDermott International Inc. to obtain foreign technical know‑how, requiring RBI permission under Section 28(1)(b) of the Foreign Exchange Regulation Act, 1973 (FERA). The agreement received …
A suit was filed by Gouri Sankar Sarda against R. McDill Co. and Misrilal Bharamchand. The defendants applied under Section 34 of the Arbitration Act, 1940 for a stay of the suit, but the application was withdrawn for a formal defect and the court ordered them to make a fresh application. Instead of …
Badlu, the father of Hakim Ali, filed a suit under Section 229‑B of the U.P. Zamindari Abolition and Land Reforms Act, 1950 seeking a declaration of bhumidari rights. The suit was dismissed, but the Additional Commissioner reversed the decision, leading the respondent to file a second appeal before …
Indian Oil Corporation (the appellant) terminated a distributorship agreement with Amritsar Gas Service (respondent No.1) under clause 27, alleging unauthorized connections and other misconduct. The distributor sued for a declaration that the termination was illegal and sought restoration of the …
S. Harcharan Singh was contracted to perform hard‑rock cutting for a bridge project at a fixed rate of Rs 129 per 1,000 cft. The work required far more cutting than anticipated, and the contractor claimed a higher rate of Rs 200 per 1,000 cft for the additional work. The dispute over four claims was …
The contractors (Hind Builders) were awarded Rs.57,47,198 by two arbitrators for work on the Metro Railway Project, including Rs.6,76,540 as interest. The Calcutta High Court reduced the award on two grounds: the amount for earth consolidation (item c(xii)) and the period for pendente lite interest. …
Food Corporation of India sued Sadhu Singh and others for recovery of Rs.2 lakh based on a contract that contained an arbitration clause. The defendants appeared, sought production of the original agreement to enable filing of a written statement, and then invoked Section 34 of the Arbitration Act, …
The Jabalpur Municipal Corporation levied property, sanitation, water, electricity and development taxes on buildings within a market (Mandi) administered by the Krishi Upaj Mandi Samiti, which claimed the corporation lacked jurisdiction. The corporation commenced recovery proceedings; the Samiti …
The State of Andhra Pradesh entered into a contract with contractor R.V. Rayanim for constructing an earth dam. A dispute led to arbitration, where the arbitrator issued a non‑speaking award of Rs.19.39 lakhs in favour of the contractor, mentioning consideration of escalation damages but not …
The contractor Dandasi Sahu claimed payment for work and interest before an arbitrator, later filing a supplemental claim and a consolidated abstract totalling Rs.31.44 million. The arbitrator awarded a lump sum of Rs.25.00 million with 9% interest, which the State of Orissa challenged. The High …
The appellant, a contractor, entered into a contract for constructing an embankment but failed to complete the work, leading to contract termination by the respondents. He filed an arbitration claim (Case No. 132 of 1980) seeking rate enhancement, interest and costs, while the respondents filed a …
The Secretary to the Government of Orissa entered into a contract for works with S. Rout, which later gave rise to a dispute referred to arbitration. The arbitrator awarded interest, which the appellant challenged under Section 39 of the Arbitration Act, 1940. The Supreme Court examined whether the …
The State of Orissa contracted Niranjan Swain for construction of an earth dam and a dispute over the balance payment, security deposit and interest was referred to an arbitrator under the contract’s arbitration clause. The arbitrator awarded a lump‑sum of Rs 21,11,835 inclusive of interest, which …
The Supreme Court examined whether an award under the Arbitration Act, 1940 could be remitted or set aside solely because the arbitrator or umpire did not give reasons. The Court held that unless the arbitration agreement, deed of submission, or a specific court order or statute requires reasons, an …
The Haryana State Agricultural Marketing Board contracted a builder to construct an office building and stipulated that any dispute would be arbitrated by the Board's Superintending Engineer. Shri D.P. Gupta was appointed arbitrator, but the Board's Chairman ordered his reversion to his parent …
The Jammu & Kashmir State Forest Corporation awarded a timber extraction contract to Abdul Karim Wani for 6 lakh cft. Wani later claimed entitlement to the remaining 4.08 lakh cft based on alleged custom, practice and assurances, which the Corporation denied. Wani filed an application under the …
Lachhman Dass and Ram Lal entered into an arbitration agreement to settle a land dispute. The arbitrator awarded that half of the appellant's share in the land would now belong to the respondent, effectively creating a new right in immovable property valued over Rs 100. The award was filed for …
The Food Corporation of India (FCI) entered into a contract with Joginderpal to supply paddy for shelling into rice at a 70% yield, with a shelling charge of Rs 2.20 per quintal. A dispute led to the appointment of an arbitrator who, in a speaking award dated 22 January 1982, disallowed FCI's claims …
Sudarsan Trading Co. entered into a construction contract with the Government of Kerala which was later cancelled, leading the parties to refer their disputes to the arbitrator named in the agreement. The arbitrator issued three non‑speaking awards granting the contractor claims totalling Rs.31.15 …
The appellant, I.T.C. Ltd., chartered two imported fishing trawlers from the respondents but later claimed the vessels were defective and that the charter party was void due to a mutual mistake about the refrigeration system and alleged violation of import licence conditions. The respondents filed …
Vishwanath Sood contracted with the Union of India and the State of Himachal Pradesh to construct a Farmers' Community Centre. The contract contained Clause 2, which imposed a penalty compensation for delay to be determined solely by the Superintending Engineer, and Clause 25, which provided for …
The Gujarat Water Supply & Sewerage Board entered into contracts with Unique Erectors for a water‑supply scheme and later referred disputes arising under clause 30 of the contract to arbitration. A sole arbitrator was appointed, decided the arbitrability of the claims, and issued a lump‑sum award on …
P.M. Paul, a contractor, entered into a two‑phase construction contract with the Union of India. A dispute arose over the handover of the site and alleged delays, leading the parties to invoke the arbitration clause in the contract. The Supreme Court appointed a former judge, Justice V. Khalid, as …
The petitioners and respondents were partners in a firm that had an arbitration agreement. Respondent No.1 filed a suit for dissolution and accounts, and respondent No.9 applied under Section 34 of the Arbitration Act, 1940 for a stay of the suit. The trial court observed that the petitioner …
U.P. Hotels entered into a bulk‑supply agreement with Agra Electric Supply Co. which was later taken over by the U.P. State Electricity Board (SEB). The SEB unilaterally imposed a uniform tariff under section 49 of the Electricity Supply Act, 1949, withdrawing agreed discounts. The dispute was …
The National Agricultural Cooperative Marketing Federation of India Ltd. entered into two contracts with Swiss firm Alimenta S.A. for groundnut supplies, but a government export ban prevented performance. The first contract contained an arbitration clause, leading Alimenta to invoke arbitration …
The appellants, Jawahar Lal Wadhwa and another, entered into a sale and construction agreement with the respondent, Haripada Chakrobarty, involving monthly instalments and a construction contract. The respondent later repudiated the agreement, leading to a dispute over possession of the property and …
The petitioners, Suresh Ragho Desai and another, participated in an arbitration proceeding in 1979 without objection and an award was rendered in 1981. They later challenged the award on the ground that it was unreasoned and that relevant documents had not been considered. The Bombay High Court …
The Secretary to the Government of Tamil Nadu sought to enforce a bridge construction contract, while the contractor claimed damages and refund of earnest money. The contract contained an arbitration clause naming the Superintending Engineer of the relevant circle as arbitrator. During arbitration …
The State of Orissa contracted Lall Brothers to complete a minor irrigation project, which was finished late. Disagreements over the final payment led the contractor to invoke the arbitration clause, resulting in the appointment of an arbitrator who awarded a lump sum of Rs. 14.67 lakh with …
The Punjab Public Works Department invited tenders for a high‑level bridge. The lowest bidder, Om Prakash Baldev Krishan, was told by the Executive Engineer that his tender was accepted and was asked to sign a pending agreement within ten days, but no agreement was ever executed and the acceptance …
The State of Rajasthan and R.S. Sharma & Co. entered into a construction contract that later led to a dispute. While litigation was pending, the parties agreed to arbitrate, and the arbitrators awarded Rs.75,41,755 to the respondent without providing reasons. The appellant challenged the award on …
Neelakantan & Bros. Construction entered into contracts with the Superintending Engineer for highway works and a reference for arbitration was made to the then‑incumbent engineer, Mohan. Mohan was transferred before completing the arbitration and his successor, Cornelius, took over the proceedings …
The award in a dispute between Indian Rayon Corp. Ltd. and Raunaq & Co. was filed in the Calcutta High Court on 4 February 1977. The appellant claimed the award had been wrongly filed and sought a notice of filing; the court issued a notice on 30 July 1981. The appellant applied for a certified copy …
The State of Orissa contracted Dandasi Sahu for an irrigation project; after completion and final payment, Sahu claimed extra work and invoked the arbitration clause. The arbitrator awarded Rs 15,23,657 plus interest without giving reasons. The Sub‑ordinate Judge set aside the award, but the Orissa …
The dispute involved an arbitration award concerning properties mainly located in Warora, Chandrapur, with a small portion in Nagpur. The arbitrator, a resident of Nagpur, filed the award in the Nagpur Civil Court. The Civil Judge held that only the Nagpur property and the arbitrator's residence did …
The petitioner and respondent entered into a film distribution agreement on 19 March 1983 that contained an arbitration clause. On 11 March 1985 they executed a second agreement in which the respondent promised to pay Rs 6.5 lakhs and the petitioner would surrender his distribution rights, …
The father and son, both Vaidyas, referred their long‑standing property disputes to an arbitrator, who issued an award on 18 January 1977 which was signed by both parties and contained an endorsement that the award was agreed to and binding. The son later filed an application under section 17 of the …
The appellant, a workman dismissed by his employer, obtained a favourable award from the Labour Court. Before publishing the award, the Uttar Pradesh Government exercised its power under sub‑section (4) of section 6 of the U.P. Industrial Disputes Act, 1947 to remit the award for reconsideration, …
Indian Oil Corporation (petitioner) sold raw petroleum coke to Indian Carbon Ltd (respondent) under three agreements that provided for shifting of coke and interest on unpaid stock. After payment default, Indian Oil obtained attachment of coke, terminated the agreements and the dispute over interest …
The Union of India entered into four construction contracts with L.K. Ahuja & Co., which were completed and final bills were accepted. Later the respondent claimed a balance of Rs 1,91,137 and sought arbitration, but the government replied that no dispute existed. The respondent filed an application …
The International Airport Authority of India (IAAI) entered into a construction contract that contained an arbitration clause. When disputes arose, the Chief Engineer appointed K.D. Bali as sole arbitrator under the Arbitration Act, 1940. IAAI later challenged the arbitrator’s authority, alleging …
The Food Corporation of India entered into a charter‑party with Great Eastern Shipping for bulk cargo transport and later disputed demurrage and overtime charges. The contract required joint arbitration, each party appointing an arbitrator; the appellant’s arbitrator was instructed in writing to …
Major (Retd.) Inder Singh Rekhi constructed 240 Janta houses for the Delhi Development Authority, completing the work on 2 April 1980. After the work was finished, he repeatedly requested the Authority to finalise the bills, sending the first letter on 28 February 1983 and a final notice on 4 …
Continental Construction entered into a contract with the State of Madhya Pradesh for construction work and later claimed extra costs due to a rise in material and labour prices, alleging the State's delay in work allotment. The Superintending Engineer refused payment and declined to refer the …
The Food Corporation of India (appellant) hired Sureendra, Devendra & Mohendra Transport Co. (respondent) as a transport contractor under three written agreements. Disputes over demurrage, wharfage and shortage charges were referred to an arbitrator pursuant to an arbitration clause. The arbitrator …
The Uttar Pradesh Cooperative Federation Ltd. (appellant), a state enterprise, contracted with Singh Consultants & Engineers (P) Ltd. (respondent) to supply and install a vanaspati plant, requiring the respondent to furnish two irrevocable bank guarantees. The plant was not completed within the …
The Supreme Court examined whether an arbitrator, appointed without court intervention, could award interest for the period before the reference and for the pendente lite period of the arbitration. It held that an arbitrator is not a court within the meaning of CPC s.34 and therefore cannot award …
The Municipal Corporation of Delhi (MCD) awarded a construction contract to Jagan Nath Ashok Kumar, which it later rescinded alleging delay. The contract contained an arbitration clause, and an arbitrator was appointed who held that the rescission was wrongful, awarded the contractor Rs.23,820 plus …
The appellants and respondent entered into a partition agreement which was referred to arbitration; the arbitrators rendered an award on 28 November 1977. The award was filed in court on 28 January 1978 and an interim injunction was issued on 26 July 1978, keeping the award in the court's custody …
The State of West Bengal appealed a High Court order that set aside an arbitral award concerning a silt‑clearance contract and appointed a new arbitrator. The original award, dated November 1966, was unsigned but had been acted upon by the parties and the sum awarded was paid. The respondent sought …
Orient Transport Co. and another sued Jaya Bharat Credit & Investment Co. Ltd., seeking a declaration that eight agreements were loan contracts, not hire‑purchase agreements, and an injunction against enforcement. The trial, appellate and High Courts dismissed the suit, holding that Section 32 of …
The partners of Balasubramania Foundry and a workers' union were involved in multiple litigations that were eventually referred to a sole arbitrator under the Arbitration Act, 1940. The arbitrator issued an award on 3 April 1985, which was challenged by the petitioner, A. Rangaswamy, on grounds of …
General Electric Company (GEC) and Renusagar Power Company entered into a contract for equipment supply, which later gave rise to disputes referred to ICC arbitration. Renusagar filed a suit in the Bombay High Court seeking a declaration that the disputes were not arbitrable, while GEC applied for a …
Hindustan Steelworks Construction Ltd entered into a contract with C. Rajasekhar Rao for certain works. Disputes arose and, after the appointed arbitrators could not agree, the Supreme Court directed the appointment of party‑appointed arbitrators and, in case of disagreement, an umpire (Justice …
The parties entered into a contract containing an arbitration clause that named the Director/Unit Head of the Calcutta Metropolitan Development Authority as the sole arbitrator. The appellant, fearing bias, applied under Section 20 of the Arbitration Act, 1940, for the appointment of an independent …
The dispute concerned the inheritance of immovable and movable property of a deceased father and was referred to arbitration. The arbitrator's award directed payment of sums and stipulated residence rights, but did not actually create or extinguish any right in the immovable property. The first …
The Oil & Natural Gas Commission (ONGC) entered into a drilling contract with Western Company of North America that provided for arbitration under the Indian Arbitration Act, 1940 and the law of India, with hearings to be held in London. An umpire, after the arbitrators could not agree, issued an …
Alimenta S.A. and the National Agricultural Co-operative Marketing Federation of India Ltd (NAFED) entered into two supply contracts for groundnut kernels, each referring to the terms of a standard FOSFA-20 contract that contained an arbitration clause. Disputes arose and Alimenta sought …
Suraj Mal and another (appellants) claimed title to a Zamindari parcel sold by Sona Devi, arguing that the sale deed gave them a valid interest. The respondents, Sona Devi's minor sons, sued for declaration that their mother only had a life interest and that the sale was void, seeking possession. …
The appellant, a member of the Delhi Stock Exchange, sued the non‑member respondent for Rs. 5,923 arising from share transactions. Each contract note bore a wide‑ranging arbitration clause referring disputes to the Exchange’s Rules, Regulations and Bye‑laws, specifically Bye‑law 247 which provided …
The State of Punjab entered into a contract with Sri Hardyal for construction of bridges, containing an arbitration clause appointing the Superintending Engineer as arbitrator but fixing no time for the award. Under the Arbitration Act, 1940, the award was required within four months, a period that …
The Supreme Court examined whether a suit filed by Renusagar Power Co. Ltd. seeking a declaration that three claims (unpaid regular interest, delinquent interest, and compensatory damages) were beyond the scope of an arbitration clause could be stayed under Section 3 of the Foreign Awards …
Tarapore & Co. entered into a works contract with Cochin Shipyard Ltd. for the construction of a building dock, which included a clause (Clause 40) referring all disputes to a sole arbitrator. The contractor later claimed compensation for the increased cost of imported pile‑driving equipment and …
The Supreme Court examined the constitutionality of the Tamil Nadu Stage Carriages and Contract Carriages (Acquisition) Act, 1973, which sought to nationalise stage and contract carriage services and their assets. Operators challenged the Act as violative of Articles 14, 19 and 31, alleging it was …
Forasol, a French company, entered into a drilling contract with ONGC that required most payments in French Francs and 20% in Indian rupees at a fixed rate. After the rupee was devalued, Forasol claimed a higher conversion rate, which the arbitrator awarded without specifying a rate for the Franc …
The Directorate General of Supplies & Disposals (DGS&D) entered into a standard form contract with Kamaluddin for timber supply, which contained Clause 18 allowing the Government to recover any claimed sum by appropriating amounts due under other contracts, and Clause 24 providing for arbitration. …
The dispute arose from a contract between Food Corporation of India and Yadav Engineer that contained an arbitration clause. Yadav Engineer filed a suit seeking a declaration that the contract was subsisting and an interim injunction against the corporation. The corporation appeared, sought time to …
The parties entered into a building contract containing an arbitration clause. After a series of applications and a change of arbitrator, the Supreme Court appointed the final arbitrator and gave directions for the conduct of the arbitration. The arbitrator made an award on 11 November 1977 and, on …
Natraj Studios (P) Ltd. held a "leave and licence" agreement with Navrang Studios for the use of two film studios, associated premises and equipment. After Navrang sought possession in 1979, Natraj filed a suit in the Court of Small Causes claiming to be a monthly tenant, and also challenged the …
Ramji Dayawala & Sons entered into a sub‑contract with Yugoslavian firm Invest Import that contained a clause referring all disputes to arbitration before the International Chamber of Commerce in Paris. After completing the work, the Indian contractor sued for unpaid sums, and Invest Import moved to …
The Union of India appealed against R.B. Ch. Raghunath Singh & Co. under the Arbitration Act, 1940, seeking appointment of an arbitrator after the designated Director of Storage post was abolished and the Chief Commissioner refused to act. The issue was whether the court could fill the vacancy under …
Pratap Singh and Preetam Singh, brothers in partnership, referred their business dispute to arbitration under the Arbitration Act, 1940. The arbitrator failed to render an award within four months and applied to the Subordinate Judge, Delhi, for an extension of time under s.28, which was granted …
