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april 2009

Supreme Court of India · 2009-04-17

UNION OF INDIA vs M/S ONKAR NATH BHALLA & SONS

Citation / case number
SC 2008/4886
Court
Supreme Court of India
Petitioner
UNION OF INDIA
Respondent
M/S ONKAR NATH BHALLA & SONS
Author
H.L.Dattu

Judgment text excerpt

The Supreme Court held that the appointment of an arbitrator under the Arbitration and Conciliation Act, 1996, is contingent upon the existence of a dispute. The Court found that the respondent had waived their right to further claims after signing the final bill without protest, as per the conditions of the contract. The Court upheld the High Court's decision to appoint a retired Chief Justice as arbitrator, clarifying that the arbitration clause did not restrict the appointment to only engineers, thus affirming the High Court's order.

UNION OF INDIA vs M/S ONKAR NATH BHALLA & SONS · Niyam