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august 2004

Supreme Court of India · 2004-08-25

U.P. STATE SUGAR CORPN. LTD. vs JAIN CONSTRUCTION CO.

Citation / case number
SC 2004/2515
Court
Supreme Court of India
Petitioner
U.P. STATE SUGAR CORPN. LTD.
Respondent
JAIN CONSTRUCTION CO.
Author
S.B. SINHA N. SANTOSH HEGDE
Bench
S.B. SINHA N. SANTOSH HEGDE

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 an appropriate remedy for arbitration. The Court emphasized that the provisions of the new Act apply if there is an arbitration clause in the agreement, thus allowing the parties to seek arbitration under the new framework. The judgment of the High Court was upheld, allowing the appeal and directing the parties to act in accordance with the provisions of the 1996 Act.

U.P. STATE SUGAR CORPN. LTD. vs JAIN CONSTRUCTION CO. · Niyam