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december 1974

Supreme Court of India · 1974-12-19

STERLING GENERAL INSURANCE CO. LTD. vs PLANTERS AIRWAYS PVT. LTD.

Citation / case number
SC 1974/60351
Court
Supreme Court of India
Petitioner
STERLING GENERAL INSURANCE CO. LTD.
Respondent
PLANTERS AIRWAYS PVT. LTD.
Bench
MATHEW, KUTTYIL KURIEN

Judgment text excerpt

The Supreme Court interpreted Section 37(4) of the Arbitration Act, 1940, emphasizing that 'undue hardship' should be given a liberal interpretation when considering extensions of time for referring disputes to arbitration. The Court held that the respondent's claim for loss under the freight policy was valid despite the appellant's disclaimers, as the respondent had complied with the necessary procedural requirements. The outcome favored the respondent, allowing the arbitration process to proceed.

STERLING GENERAL INSURANCE CO. LTD. vs PLANTERS AIRWAYS PVT. LTD. · Niyam