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august 2003

Supreme Court of India · 2003-08-21

BIHAR STATE MINERAL DEV. CORPN. vs ENCON BUILDERS (I) P.LTD

Citation / case number
SC 1997/61668
Court
Supreme Court of India
Petitioner
BIHAR STATE MINERAL DEV. CORPN.
Respondent
ENCON BUILDERS (I) P.LTD
Author
S.B. SINHA
Bench
S.B. SINHA. CJI

Judgment text excerpt

The Supreme Court addressed an appeal against the High Court's dismissal of an arbitration appeal under Section 39(1)(i) of the Arbitration Act, 1940. The Court held that the arbitration agreement was invoked improperly as the respondent failed to fulfill contractual obligations, leading to losses for the appellants. The Court emphasized that the Managing Director's discretion in terminating the agreement was valid and the arbitration clause did not apply due to the lack of proper invocation of the dispute resolution process.

BIHAR STATE MINERAL DEV. CORPN. vs ENCON BUILDERS (I) P.LTD · Niyam