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november 2003

Supreme Court of India · 2003-11-05

Mallikarjun vs Gulbarga University

Citation / case number
AIR 2004 SUPREME COURT 716
Court
Supreme Court of India
Petitioner
Mallikarjun
Respondent
Gulbarga University
Bench
S.B. Sinha, Ar. Lakshmanan

Judgment text excerpt

The Supreme Court held that the clause in the contract agreement, which designated the Superintending Engineer as the final authority on disputes, constituted an arbitration agreement under the Arbitration Act, 1940. The Court found that the High Court erred in setting aside the execution proceedings on the grounds that the agreement was not an arbitration agreement. Consequently, the Supreme Court allowed the appeal, reinstating the validity of the arbitration award and the execution proceedings.

Mallikarjun vs Gulbarga University · Niyam