Supreme Court of India
This Civil Appeal raises an important question of law concerning arbitration law in India and special enactments enacted by States concerning public works contract.
Civil Appeal No. 14665 of 2015
IN THE SUPREME COURT OF INDIA
CIVIL APPELLATE JURISDICTION
CIVIL APPEAL NO. 14665 OF 2015
BHAVEN CONSTRUCTION THROUGH … APPELLANT
AUTHORISED SIGNATORY PREMJIBHAI K. SHAH
EXECUTIVE ENGINEER SARDAR … RESPONDENTS
SAROVAR NARMADA NIGAM LTD.& ANR.
N.V. RAMANA, J.
1. This Civil Appeal raises an important question of law concerning arbitration law in India and special enactments enacted by States concerning public works contract.
2. A brief reference to facts in this case is necessary for the disposal of the case. On 13.02.1991, Respondent No. 1 entered into a contract with the Appellant to manufacture and supply bricks. The aforesaid contract had an arbitration clause. As some dispute arose regarding payment in furtherance of manufacturing and supplying of bricks, the Appellant issued
a notice dated 13.11.1998, seeking appointment of sole arbitrator in terms of the agreement. Clause 38 of the agreement provide for arbitration as under:
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