U P RAJKIYA NIRMAN NIGAM LIMITED Vs. INDURE PRIVATE LIMITED
LAWS(SC)-1996-2-240
SUPREME COURT OF INDIA (FROM: DELHI)
Decided on February 09,1996

UTTAR PRADESH RAJKIYA NIRMAN NIGAM LIMITED Appellant
VERSUS
INDURE PRIVATE LIMITED Respondents

JUDGEMENT

K. Ramaswamy, J. - (1.) Leave granted
(2.) This appeal by special leave arises from the judgment and order passed on April 10, 1992 by the Delhi High Court in O.M.P. No. 62 of 1992.
(3.) The appellant filed an application under Section 33 of the Arbitration Act, 1940 (for short, "the Act") for declaration that there exist no agreement between the appellant and the first respondent-- Indure Pvt. Ltd. on the basis of which a dispute for a claim of Rs. 1,68,73,628/- could be referred for arbitration as the agreement set up by the respondent was non est and alternately the dispute was not arbitrable under the agreement. Accordingly it sought declaration to set aside the said agreement. The learned single Judge of the High Court in the impugned order held that the draft agreement dated June 22, 1984 contains provision for arbitration under Clause (14) and the appellant is bound thereby:consequently, the arbitrators are entitled to arbiter the dispute.;


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