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november 2001

Supreme Court of India · 2001-11-27

STATE OF RAJASTHAN vs M/S. NAV BHARAT CONSTRUCTION CO.

Citation / case number
SC 2001/4968
Court
Supreme Court of India
Petitioner
STATE OF RAJASTHAN
Respondent
M/S. NAV BHARAT CONSTRUCTION CO.
Bench
M.B. SHAH & B.N. AGRAWAL

Judgment text excerpt

The Supreme Court upheld the validity of the arbitrator's award, stating that the appellant failed to raise a counter-claim or set-off before the arbitrator, as required under the Arbitration and Conciliation Act, 1996. The Court found that the second reference to the arbitrator was not barred by Order 2 Rule 2 CPC, as the claims arose after the first reference. The Court also ruled that the arbitrator had the authority to award interest despite the appellant's claims regarding Clause 23 of the agreement, which were not previously contested. The judgment confirmed the High Court's decision to uphold the arbitrator's award.

STATE OF RAJASTHAN vs M/S. NAV BHARAT CONSTRUCTION CO. · Niyam