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march 1963

Supreme Court of India · 1963-03-27

UNION OF INDIA vs BIRLA COTTON SPINNING & WEAVING MILLS LTD.

Citation / case number
SC 1961/222
Court
Supreme Court of India
Petitioner
UNION OF INDIA
Respondent
BIRLA COTTON SPINNING & WEAVING MILLS LTD.
Bench
SHAH, J.C.

Judgment text excerpt

The Supreme Court held that for invoking the arbitration clause under Section 34 of the Arbitration Act, 1940, there must be an existing dispute related to the contract in question. The Court found that the appellant's claim to withhold payment due to a separate contract did not constitute a dispute 'under or in connection' with the original contract. Consequently, the appeal was dismissed, affirming the lower court's ruling that the suit could not be stayed as no valid arbitration dispute existed.

UNION OF INDIA vs BIRLA COTTON SPINNING & WEAVING MILLS LTD. · Niyam