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march 1989

Supreme Court of India · 1989-03-31

JAMMU & KASHMIR STATE FOREST CORPORATION vs ABDUL KARIM WANI

Citation / case number
SC 1989/72468
Court
Supreme Court of India
Petitioner
JAMMU & KASHMIR STATE FOREST CORPORATION
Respondent
ABDUL KARIM WANI
Author
L.M. SHARMA
Bench
L.M. SHARMA

Judgment text excerpt

The Supreme Court held that the claim raised by the respondent contractor regarding the remaining work of timber extraction was not covered by the arbitration clause in the agreement as per Section 8 of the Jammu and Kashmir Arbitration Act, 2002. The Court found that the High Court's order to refer the matter to arbitration was erroneous and set aside the reference. The Court clarified that claims based on alleged assurances or customs do not arise from the written agreement, thus rejecting the respondent's prayer for arbitration.

JAMMU & KASHMIR STATE FOREST CORPORATION vs ABDUL KARIM WANI · Niyam