ANAND BROTHERS P. LTD. Vs. UNION OF INDIA
LAWS(SC)-2014-9-22
SUPREME COURT OF INDIA (FROM: DELHI)
Decided on
September 04,2014
Anand Brothers P. Ltd.
Appellant
VERSUS
UNION OF INDIA (UOI)
Respondents
Referred Judgements :-
RAM KRISHNA RAM NATH MOHAN HARGOVINDAS VS. JANPAD SABHA IN ALL THE APPEALS :JANPAD SABHA IN ALL THE APPEALS [REFERRED TO]BHANJI BHAGWANDAS VS. COMMISSIONER OF INCOME TAX MADRAS [REFERRED TO]
DAFFADAR BHAGAT SINGH AND SONS VS. INCOME TAX OFFICER A WARD FEROZEPURE [REFERRED TO]
YOGENDRA NATH NASKAR VS. COMMISSIONER OF INCOME TAX CALCUTTA [REFERRED TO]
RAJINDER NATH VS. COMMISSIONER OF INCOME TAX DELHI [REFERRED TO]
GHANSHYAM DASS VS. DOMINION OF INDIA [REFERRED TO]
RESERVE BANK OF INDIA UNION OF INDIA PEERLESS GENERAL FINANCE AND INVEST MENT CO LIMITED STATE OF WEST BENGAL VS. MENT COMPANY LIMITED:PEERLESS GENERAL FINANCE AND INVEST MENT COMPANY LIMITED:RESERVE BANK OF INDIA:PEERLESS GENERAL FINANCE AND INVEST MENF COMPANY LIMITED [REFERRED TO]
RAIPUR DEVELOPMENT AUTHORITY AND VS. CHOKHAMAL CONTRACTORS [REFERRED TO]
BUILD INDIA CONSTRUCTION SYSTEM VS. UNION OF INDIA [REFERRED TO]
GORA LAL VS. UNION OF INDIA [REFERRED TO]
Cited Judgements :-
JOSEPH MASSEY & ORS VS. UNION OF INDIA [LAWS(DLH)-2016-5-294] [REFERRED TO]INDO-RAMA SYNTHETICS INDIA LTD VS. IFFCO TOKIO GENERAL INSURANCE CO LTD [LAWS(DLH)-2019-2-117] [REFERRED TO]
HINDUSTAN STEEL WORKS CONSTRUCTION VS. UNION OF INDIA [LAWS(DLH)-2018-10-405] [REFERRED TO]
PREETI MULJI SONDARWA AND ORS. VS. THE CONTROLLER OF EXAMINATIONS, UNIVERSITY OF MUMBAI AND ORS. [LAWS(BOM)-2015-7-40] [REFERRED TO]
TECHNO TRADING CO. VS. UNION OF INDIA [LAWS(J&K)-2016-4-43] [REFERRED TO]
UNION OF INDIA VS. PAWAN KUMAR GUPTA AND OTHERS [LAWS(J&K)-2017-9-9] [REFERRED TO]
ETHIX ALLOY VS. HLL LIFECARE LIMITED [LAWS(KAR)-2023-10-100] [REFERRED TO]
WAY2WEALTH BROKERS PVT LTD. VS. MR. C. B. SHARMA [LAWS(BOM)-2016-3-28] [REFERRED TO]
JAYSHREE VIJAY MUNDAWARE VS. THE PRINCIPAL/HEAD MISTRESS OF ASHOKA UNIVERSAL SCHOOL CHANDSI/WADALA AND ORS. [LAWS(BOM)-2015-7-89] [REFERRED TO]
UNION OF INDIA VS. PRADEEP KUMAR JAIN [LAWS(MPH)-2015-2-49] [REFERRED TO]
INDIAN RAILWAY CATERING & TOURISM CORPORATION LTD VS. A K ROY [LAWS(DLH)-2018-10-354] [REFERRED TO]
HINDUSTAN STEELWORKS CONSTRUCTION LIMITED VS. UNION OF INDIA [LAWS(DLH)-2018-9-25] [REFERRED TO]
M.K. SAHA VS. RASHTRIYA PARIYOJANA NIRMAN NIGAM [LAWS(CHH)-2015-7-10] [REFERRED TO]
RAJNEESH KUMAR GARG AND ORS. VS. INDERJIT GARG AND ORS. [LAWS(P&H)-2015-8-48] [REFERRED TO]
DEDICATED FREIGHT CORRIDOR CORPORATION OF INDIA LIMITED VS. TATA ALDESA JV [LAWS(DLH)-2023-8-119] [REFERRED TO]
SARASWATI EDUCATION SOCIETYS SARASWATI COLLEGE OF ENGINEERING VS. ALL INDIA COUNCIL FOR TECHNICAL EDUCATION (AICTE) AND ORS. [LAWS(BOM)-2015-8-63] [REFERRED TO]
GONTERMANN PEIPERS (INDIA) LTD. VS. SHV ENERGY PVT. LTD. [LAWS(CAL)-2020-6-57] [REFERRED TO]
NANDANI MEDICAL LABORATORIES PVT. LTD. VS. M.P. LAGHU UDYOG NIGAM MARYADIT [LAWS(MPH)-2016-8-51] [REFERRED TO]
PUROLATOR INDIA LTD VS. STATE OF J&K [LAWS(J&K)-2018-2-59] [REFERRED TO]
PREM LAXMI AND CO. VS. HIMACHAL PRADESH STATE ELECTRICITY BOARD LTD. [LAWS(HPH)-2019-11-223] [REFERRED TO]
DAHIBEN WD/O MANOHARBHAI PATEL VS. MAHARASHTRA REVENUE TRIBUNAL, NAGPUR [LAWS(BOM)-2016-8-219] [REFERRED]
BHASIN CONSTRUCTION COMPANY PVT. LTD. VS. BIHAR RAJYA PUL NIRMAN NIGAM LTD. [LAWS(PAT)-2016-2-22] [REFERRED TO]
UNION OF INDIA VS. PRAMOD KUMAR AGRAWAL & ANR. [LAWS(MPH)-2016-8-42] [REFERRED TO]
STATE BOARD OF TECHNICAL EDUCATION VS. MARVERICK CONSULTANCY PVT LIMITED [LAWS(JHAR)-2019-9-99] [REFERRED TO]
G AND T BECKFIELD DRILLING SERVICES PVT LTD VS. OIL AND NATURAL GAS CORPORATION LTD [LAWS(GAU)-2019-3-24] [REFERRED TO]
WEST BENGAL HOUSING BOARD VS. CIVCON CONSTRUCTION PVT. LTD. [LAWS(CAL)-2020-3-25] [REFERRED TO]
B.B.R. CONSTRUCTION COMPANY VS. UNION OF INDIA [LAWS(CAL)-2020-3-53] [REFERRED TO]
MKU LTD. PREVIOUSLY KNOWN AS MKU PVT. LTD. VS. UNION OF INDIA [LAWS(DLH)-2017-8-71] [REFERRED TO]
JUDGEMENT
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(1.)A non-speaking arbitral award in favour of the appellant-company was set aside by a learned Single Judge of the High Court of Delhi on the ground that the Arbitrator had not recorded his "findings" as required under Clause 70 of the General Conditions of Contract. Relying upon the decisions of this Court in M/s Daffadar Bhagat Singh and Sons v. Income-tax officer, A Ward, Ferozepur, 1969 AIR(SC) 340, Bhanji Bhadgwandas v. The Commissioner of Income-tax, Madras, 1968 AIR(SC) 139 and Rajinder Nath etc. v. Commissioner of Income-tax, Delhi, 1979 AIR(SC) 1933 the High Court held that the expression "finding" appearing in Clause 70 of the General Conditions of Contract implies something more than the mere recording of a conclusion by the Arbitrator. Inasmuch as the Arbitrator had failed to do so, the award rendered by him was unsustainable. The High Court accordingly set aside the award and remitted the matter back to the Arbitrator for a fresh determination of the disputes between the parties.
(2.)An appeal was then preferred by the appellant-company before a Division Bench of the High Court who relying upon the decision of this Court in Gora Lal v. Union of India, 2003 12 SCC 459 affirmed the view taken by the learned Single Judge. Dissatisfied, the appellant has approached this Court by special leave.
(3.)When the matter initially came up before a Bench comprising R.V. Raveendran and J.M. Panchal, JJ. on 5th January, 2009 the Court noticed a divergence in the decision rendered by this Court in Gora Lal's case and that rendered in Build India Construction System v. Union of India, 2002 5 SCC 433. The matter was, therefore, referred to a larger Bench to resolve the conflict. That is precisely how this appeal has been listed before us.
(2.)An appeal was then preferred by the appellant-company before a Division Bench of the High Court who relying upon the decision of this Court in Gora Lal v. Union of India, 2003 12 SCC 459 affirmed the view taken by the learned Single Judge. Dissatisfied, the appellant has approached this Court by special leave.
(3.)When the matter initially came up before a Bench comprising R.V. Raveendran and J.M. Panchal, JJ. on 5th January, 2009 the Court noticed a divergence in the decision rendered by this Court in Gora Lal's case and that rendered in Build India Construction System v. Union of India, 2002 5 SCC 433. The matter was, therefore, referred to a larger Bench to resolve the conflict. That is precisely how this appeal has been listed before us.
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