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january 2009

Supreme Court of India · 2009-01-13

Om Construction Co vs Ahmedabad Municipal Corp.& Anr

Citation / case number
AIR 2009 SUPREME COURT 1944
Court
Supreme Court of India
Petitioner
Om Construction Co
Respondent
Ahmedabad Municipal Corp.& Anr
Author
Altamas Kabir
Bench
Markandey Katju, Altamas Kabir

Judgment text excerpt

The Supreme Court held that the Gujarat High Court erred in rejecting the appellant's petition under Section 11 of the Arbitration and Conciliation Act, 1996, for the appointment of an Arbitrator, as the disputes arose from a works contract governed by the Gujarat Public Works Contracts Disputes Arbitration Tribunal Act, 1992. The Court emphasized that the provisions of the Arbitration Act are applicable unless specifically excluded, and the appellant's claim for unpaid dues was valid. The Court directed the appointment of an Arbitrator to resolve the disputes, thereby allowing the appeal.

Om Construction Co vs Ahmedabad Municipal Corp.& Anr · Niyam