UNION OF INDIA (UOI) Vs. U.P. STATE BRIDGE CORPORATION LTD.
LAWS(SC)-2014-9-130
SUPREME COURT OF INDIA (FROM: PUNJAB & HARYANA)
Decided on
September 16,2014
UNION OF INDIA (UOI)
Appellant
VERSUS
U.P. STATE BRIDGE CORPORATION LTD.
Respondents
Referred Judgements :-
DATAR SWITCHGEARS LIMITED VS. TATA FINANCE LIMITED [REFERRED TO]PUNJ LIOYED LTD VS. PETRONET MHB LTD [REFERRED TO]
YASHWITH CONSTRUCTION P LTD VS. SIMPLEX CONCRETE PILES INDIA LTD [REFERRED TO]
UNION OF INDIA VS. BHARAT BATTERY MANUFACTURING CO P LTD [REFERRED TO]
NORTHERN RAILWAY ADMINISTRATION MINISTRY OF RAILWAY VS. PATEL ENGINEERING COMPANY LTD [REFERRED TO]
UNION OF INDIA VS. SINGH BUILDERS SYNDICATE [REFERRED TO]
INDIAN OIL CORPORATION LTD VS. RAJA TRANSPORT P LTD [REFERRED TO]
DEEP TRADING COMPANY VS. INDIAN OIL CORPORATION [REFERRED TO]
Cited Judgements :-
MODI PROJECTS LIMITED VS. EASTERN CENTRAL RAILWAYS [LAWS(JHAR)-2017-2-111] [REFERRED TO]M/S. CONTROL SYSTEMS VS. M.P. MICRO AND SMALL ENTERPRISES FACILITATION COUNCIL & ORS. [LAWS(MPH)-2018-1-325] [REFERRED TO]
PARMAR CONSTRUCTION COMPANY, ENGINEERS & CONTRACTORS, VS. THE UNION OF INDIA THROUGH GENERAL MANAGER, NORTH WESTERN RAILWAYS [LAWS(RAJ)-2017-7-145] [REFERRED TO]
M/S S.B. CONSTRUCTION PVT. LTD. VS. EASTERN CENTRAL RAILWAYS [LAWS(JHAR)-2017-2-75] [REFERRED TO]
CONSTRUCTION PVT LTD , ROURKELA VS. EASTERN CENTRAL RAILWAYS, BIHAR AND OTHERS [LAWS(JHAR)-2017-2-168] [REFERRED TO]
MANOJ KUMAR AGRAWAL VS. NEPA LIMITED [LAWS(MPH)-2019-5-133] [REFERRED TO]
M/S. RAJENDRA PRASAD BANSAL VS. THE UNION OF INDIA [LAWS(RAJ)-2016-9-293] [REFERRED TO]
AHUJA CLASSES VS. BOTHRA CLASSES [LAWS(GJH)-2020-9-171] [REFERRED TO]
LARSEN & TOUBRO LTD. VS. PUBLIC WORKS DEPARTMENT [LAWS(DLH)-2020-1-165] [REFERRED TO]
GUJARAT JHM HOTELS LTD. VS. RAJASTHALI RESORTS AND STUDIOS LIMITED [LAWS(DLH)-2023-1-210] [REFERRED TO]
DILBAG SINGH CONTRACTOR, SON OF SHRI TEK RAM VS. NORTH WESTERN RAILWAY THROUGH ITS GENERAL MANAGER, NWR HEAD QUARTER, JAWAHAR CIRCLE, JAIPUR [LAWS(RAJ)-2017-7-226] [REFERRED TO]
SP SINGLA CONSTRUCTIONS PVT. LTD. VS. STATE OF HIMACHAL PRADESH AND ANOTHER [LAWS(SC)-2018-12-2] [REFERRED TO]
RAITANI ENGINEERING WORKS PVT. LTD. VS. THE UNION OF INDIA AND ORS. [LAWS(GAU)-2015-5-48] [REFERRED TO]
NATIONAL HIGHWAYS AUTHORITY OF INDIA VS. THIRD ROCK CONSULTANTS PRIVATE LIMITED [LAWS(DLH)-2023-1-152] [REFERRED TO]
M/S.T. K. ENGINEERING CONSORTIUM PVT. LTD. VS. DIRECTOR (PROJECTS) RITES LTD [LAWS(DLH)-2021-3-134] [REFERRED TO]
KLA CONST TECHNOLOGIES PVT LTD VS. EMBASSY OF ISLAMIC REPUBLIC OF AFGHANISTAN [LAWS(DLH)-2021-6-86] [REFERRED TO]
SHAHPOORJI PALLOONJI & COMPANY PRIVATE LIMITED VS. AECOS LTD [LAWS(KAR)-2019-1-127] [REFERRED TO]
U.A.N. RAJU VS. KONKAN RAILWAY CORPORATION LIMITED [LAWS(DLH)-2017-11-313] [REFERRED TO]
M/S. LANCO VS. NATIONAL HIGHWAYS AUTHORITY OF INDIA LIMITED [LAWS(DLH)-2016-12-84] [REFERRED TO]
MADHAV STRUCTURAL ENGINEERS LIMITED VS. D K SANKARAN [LAWS(BOM)-2016-6-208] [REFERRED]
GAMMON ENCEE CONSORTIUM JV VS. RITES LIMITED [LAWS(CAL)-2015-7-13] [REFERRED TO]
M/S SAHIL PROJECTS AND PLANNING PRIVATE LIMITED VS. THE EASTERN RAILWAY THROUGH CHIEF ADMINISTRATIVE [LAWS(JHAR)-2017-8-5] [REFERRED TO]
RELIABLE AGRO FOODS & ORS. VS. AL-NAFEES FROZEN FOOD EXPORTS PVT. LTD [LAWS(DLH)-2017-11-460] [REFERRED TO]
SHRI R.B. RAJESH VS. THE CHIEF ENGINEER AND OTHERS [LAWS(CAL)-2018-6-191] [REFERRED TO]
ARAVALI POWER COMPANY PVT. LTD. VS. M/S. ERA INFRA ENGINEERING LTD. [LAWS(SC)-2017-9-54] [REFERRED TO]
PASL WIND SOLUTIONS PRIVATE LIMITED VS. GE POWER CONVERSION INDIA PRIVATE LIMITED [LAWS(SC)-2021-4-26] [REFERRED TO]
M/S. DWARKA TRADERS PRIVATE LIMITED VS. UNION OF INDIA THROUGH GENERAL MANAGER, NORTH WESTERN RAILWAY, NWR HEAD QUARTER, NEAR JAWAHAR CIRCLE, JAGATPURA ROAD, JAIPUR AND ANOTHER [LAWS(RAJ)-2016-6-43] [REFERRED TO]
M/S. VOESTALPINE SCHIENEN GMBH VS. DELHI METRO RAIL CORPORATION LTD. [LAWS(SC)-2017-2-79] [REFERRED TO]
ESSAR BULK TERMINAL LIMITED VS. ARCELOR MITTAL NIPPON STEEL INDIA LIMITED [LAWS(GJH)-2022-2-6] [REFERRED TO]
M/S. B.M. CONSTRUCTION COMPANY VS. THE UNION OF INDIA THROUGH CHIEF ENGINEER (CONSTRUCTION) [LAWS(RAJ)-2017-7-225] [REFERRED TO]
M/S. CENTROTRADE MINERALS & METAL INC. VS. HINDUSTAN COPPER LTD. [LAWS(SC)-2016-12-68] [REFERRED TO]
G S MALHOTRA VS. UNION OF INDIA REPRESENTED BY GENERAL MANAGER [LAWS(JHAR)-2017-9-38] [REFERRED TO]
TRISHUL CONSTRUCTION VS. UNION OF INDIA [LAWS(PAT)-2019-7-202] [REFERRED TO]
THE SUPREME INDUSTRIES LTD. VS. M.P. WAREHOUSING & LOGISTICS CORPORATION & ANOTHER [LAWS(MPH)-2017-8-61] [REFERRED TO]
MAYA CONSTRUCTION PVT. LTD. VS. UNION OF INDIA THROUGH GENERAL MANAGER, NORTH WESTERN RAILWAY, JAIPUR [LAWS(RAJ)-2017-7-227] [REFERRED TO]
ANANDILAL LALPURIA VS. UNION OF INDIA [LAWS(RAJ)-2016-8-114] [REFERRED]
SWADESH KUMAR AGARWAL VS. DINESH KUMAR AGARWAL [LAWS(SC)-2022-5-19] [REFERRED TO]
RAJASTHAN SMALL INDUSTRIES CORPORATION LIMITED VS. GANESH CONTAINERS MOVERS SYNDICATE [LAWS(SC)-2019-1-71] [REFERRED TO]
ALUPRO BUILDING SYSTEMS PVT LTD VS. OZONE OVERSEAS PVT LTD. [LAWS(DLH)-2017-2-184] [REFERRED TO]
M/S.MADHAV STRUCTURAL ENGINEERS LIMITED VS. THE VICE CHAIRMAN AND MANAGING DIRECTOR [LAWS(BOM)-2016-6-46] [REFERRED TO]
FORTUNA SKILL MANAGEMENT PVT. LTD VS. JAINA MARKETING AND ASSOCIATES [LAWS(DLH)-2024-3-126] [REFERRED TO]
M/S. GANESH CONTAINERS MOVERS SYNDICATE VS. RAJASTHAN SMALL INDUSTRIES CORPORATION LIMITED [LAWS(RAJ)-2016-4-173] [REFERRED TO]
ARCELOR MITTAL NIPPON STEEL INDIA LTD VS. ESSAR BULK TERMINAL LTD [LAWS(SC)-2021-9-42] [REFERRED TO]
DEVKI NANDAN STEEL WORKS AND ORS VS. HP STATE ELECTRICITY BOARD LTD AND ORS [LAWS(HPH)-2018-9-18] [REFERRED TO]
FIVE STAR BUILDERS VS. STATE OF HIMACHAL PRADESH AND OTHERS [LAWS(HPH)-2019-1-68] [REFERRED TO]
M/S. RANJEET SINGH AND COMPANY VS. HP STATE ELECTRICITY BOARD LTD. AND ANOTHER [LAWS(HPH)-2018-7-146] [REFERRED TO]
FILM CRAFT, THROUGH ITS SOLE PROPRIETOR ANJANA G ADHIKARI VS. PRASAR BHARATI [LAWS(MAD)-2017-12-172] [REFERRED TO]
SAP INDIA PRIVATE LIMITED VS. COX & KINGS LIMITED [LAWS(BOM)-2019-4-182] [REFERRED TO]
SALMA DAM JOINT VENTURE VS. WAPCOS LIMITED [LAWS(DLH)-2019-1-461] [REFERRED TO]
AFCONS INFRASTRUCTURE LTD. VS. RAIL VIKAS NIGAM LIMITED [LAWS(DLH)-2017-5-395] [REFERRED TO]
BHAGWAT ENTERPRISES VS. MICRO AND SMALL ENTERPRISES FACILITATION COUNCIL [LAWS(BOM)-2023-2-214] [REFERRED TO]
SAHIL PROJECTS AND PLANNING PRIVATE LIMITED VS. EASTERN RAILWAY, THROUGH ITS CHIEF ADMINISTRATIVE [LAWS(JHAR)-2017-9-10] [REFERRED TO]
MOHINDER SINGH VS. STATE OF HIMACHAL PRADESH AND ORS. [LAWS(HPH)-2015-7-118] [REFERRED TO]
RAM MOHAN AGRAWAL VS. HINDUSTAN PETROLEUM CORPORATION LTD. AND ORS. [LAWS(UTN)-2015-5-116] [REFERRED TO]
B. GIRDAPATHI REDDY AND CO. VS. MADHUCON PROJECTS LTD. [LAWS(TLNG)-2019-12-464] [REFERRED TO]
GOVERNMENT OF MAHARASHTRA (WATER RESOURCES DEPARTMENT) VS. BORSE BROTHERS ENGINEERS AND CONTRACTORS PRIVATE LIMITED [LAWS(SC)-2021-3-50] [REFERRED TO]
VENKATESH EARTHEN PRIVATE LTD. VS. UNION OF INDIA [LAWS(MPH)-2019-2-218] [REFERRED TO]
MPD INDUSTRIES PVT LTD , INDORE (MADHYA PRADESH) VS. STEEL AUTHORITY OF INDIA LIMITED THROUGH ITS CHAIRMAN [LAWS(JHAR)-2018-1-24] [REFERRED TO]
HARYANA PACKAIDS PVT. LTD. VS. INDIAN OIL CORPORATION LTD. AND ORS. [LAWS(DLH)-2015-3-23] [REFERRED TO]
JUDGEMENT
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(1.)Leave granted.
(2.)Counsel for the parties have been heard in detail in this appeal. In order to determine the controversy that is raised in this appeal, which is filed by the Union of India, challenging the decision dated 03.08.2011 of the High Court, minimal facts which require a mention, are the following:
The Appellant had entered into an agreement with the Respondent vide which contract for construction of guide bunds, foundation and substructure of Rail Bridge across river Gangaes near Digha Ghat, Patna and the said agreement contained various terms and conditions. Clause 64(1)(ii) of the General Condition of the Contract 2001 (for short 'the GCC'), contained an arbitration clause that is provided for deciding the dispute between the parties through arbitration by an arbitral tribunal to be constituted in terms of the said agreement.
(3.)Disputes arose between the parties with respect to the said contract and on the request of the Respondent an arbitral tribunal of the persons was constituted in the year 2007, in which all the members were Railway authorities. It is a matter of regret that inspite of expiry of four years, the said tribunal did not complete the arbitral proceeding and the matter kept hanging due to transfers/retirement/adjournments etc.
(2.)Counsel for the parties have been heard in detail in this appeal. In order to determine the controversy that is raised in this appeal, which is filed by the Union of India, challenging the decision dated 03.08.2011 of the High Court, minimal facts which require a mention, are the following:
The Appellant had entered into an agreement with the Respondent vide which contract for construction of guide bunds, foundation and substructure of Rail Bridge across river Gangaes near Digha Ghat, Patna and the said agreement contained various terms and conditions. Clause 64(1)(ii) of the General Condition of the Contract 2001 (for short 'the GCC'), contained an arbitration clause that is provided for deciding the dispute between the parties through arbitration by an arbitral tribunal to be constituted in terms of the said agreement.
(3.)Disputes arose between the parties with respect to the said contract and on the request of the Respondent an arbitral tribunal of the persons was constituted in the year 2007, in which all the members were Railway authorities. It is a matter of regret that inspite of expiry of four years, the said tribunal did not complete the arbitral proceeding and the matter kept hanging due to transfers/retirement/adjournments etc.
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