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.