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april 2008

Supreme Court of India · 2008-04-23

Union Of India & Ors vs M/S. Sanjeev Builders

Court
Supreme Court of India
Petitioner
Union Of India & Ors
Respondent
M/S. Sanjeev Builders
Bench
A.K.Mathur, Altamas Kabir

Judgment text excerpt

The Supreme Court held that the appointment of an arbitrator must adhere to the terms specified in the Tender Document, specifically Clause 70, which designates the Engineer-in-Chief as the competent authority to appoint an Engineer Officer as Arbitrator. The Court set aside the District Judge's order directing C.W.E. to appoint an Arbitrator, emphasizing that all legal and factual issues, including limitation, are to be addressed before the appointed Arbitrator. The appeal was allowed with no order as to costs.

Union Of India & Ors vs M/S. Sanjeev Builders · Niyam