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august 2004

Supreme Court of India · 2004-08-25

U.P. State Sugar Corporation Ltd vs Jain Construction Co. & Anr

Citation / case number
AIR 2004 SUPREME COURT 4335
Court
Supreme Court of India
Petitioner
U.P. State Sugar Corporation Ltd
Respondent
Jain Construction Co. & Anr
Author
S.B. Sinha
Bench
N. Santosh Hegde, S.B. Sinha

Judgment text excerpt

The Supreme Court held that the appeal under Section 39(iv) of the Arbitration Act, 1940 was maintainable despite the respondent's firm being unregistered, as the Arbitration and Conciliation Act, 1996 provides a new remedy for arbitration. The Court clarified that the provisions of the 1996 Act apply to disputes arising from agreements made before its enactment, thus allowing the appointment of an arbitrator. The judgment of the High Court was upheld, affirming the right to seek arbitration under the new Act.

U.P. State Sugar Corporation Ltd vs Jain Construction Co. & Anr · Niyam