Niyam v2 is live — start for just ₹100 — 200 credits to try

april 2009

Supreme Court of India · 2009-04-17

Union Of India & Ors vs M/S Onkar Nath Bhalla & Sons

Citation / case number
AIR 2009 SUPREME COURT 3168
Court
Supreme Court of India
Petitioner
Union Of India & Ors
Respondent
M/S Onkar Nath Bhalla & Sons
Author
H.L.Dattu
Bench
Tarun Chatterjee, H.L. Dattu

Judgment text excerpt

The Supreme Court held that the appointment of a retired High Court Judge as an arbitrator was improper under the arbitration clause which required an engineer or equivalent. The Court emphasized that the respondent had waived further claims by signing the final bill without protest, thus establishing accord and satisfaction as per the principles laid out in P. K. Ramaiah & Co. v. N.T.P.C. and SBP & Co. v. Patel Engg. Ltd. The appeal was allowed, setting aside the High Court's order appointing the arbitrator.

Union Of India & Ors vs M/S Onkar Nath Bhalla & Sons · Niyam