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august 1983

Supreme Court of India · 1983-08-12

KAMALUDDIN ANSARI & CO. vs UNION OF INDIA

Citation / case number
SC 1982/63814
Court
Supreme Court of India
Petitioner
KAMALUDDIN ANSARI & CO.
Respondent
UNION OF INDIA
Bench
MISRA, R.B. (J)

Judgment text excerpt

The Supreme Court held that under Clause 18 of the standard form of contract, the Union of India has the authority to withhold payments due to a contractor for claims arising from other contracts. The Court interpreted Section 41 of the Arbitration Act, 1940, affirming that the High Court could only grant injunctions related to arbitration proceedings and not against the Union's right to withhold payments. The appeal was dismissed, confirming the validity of the contract's terms and the Union's actions in recovering sums due.

KAMALUDDIN ANSARI & CO. vs UNION OF INDIA · Niyam