Niyam v2 is live — start for just ₹100 — 200 credits to try

november 1996

Supreme Court of India · 1996-11-20

M/S. SANT RAM & COMPANY vs THE STATE OF RAJASTHAN & ORS.

Citation / case number
SC 1991/80350
Court
Supreme Court of India
Petitioner
M/S. SANT RAM & COMPANY
Respondent
THE STATE OF RAJASTHAN & ORS.
Author
K. RAMASWAMY,G.T. NANAVATI,K. VENKATASWAMI
Bench
K. RAMASWAMY,G.T. NANAVATI,K. VENKATASWAMI

Judgment text excerpt

The Supreme Court held that under Section 41(b) of the Arbitration Act, 1940, the Court has the authority to intervene in arbitration proceedings and grant interim relief, including injunctions, even if the arbitration is pending without direct court intervention. The Court emphasized that allowing the respondent to adjust amounts due from other contracts during arbitration would undermine the arbitration process. The appeal was allowed, reversing the High Court's decision that denied the maintainability of the application for interim relief.

M/S. SANT RAM & COMPANY vs THE STATE OF RAJASTHAN & ORS. · Niyam