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july 2011

Supreme Court of India · 2011-07-21

M/S MSK PROJECTS (I)(JV) LTD. vs STATE OF RAJASTHAN

Citation / case number
SC 2007/20977
Court
Supreme Court of India
Petitioner
M/S MSK PROJECTS (I)(JV) LTD.
Respondent
STATE OF RAJASTHAN
Author
B.S. CHAUHAN
Bench
P. SATHASIVAM,B.S. CHAUHAN, , ,

Judgment text excerpt

The Supreme Court upheld the arbitral award in favor of MSK-appellant, stating that the State of Rajasthan failed to issue a timely notification prohibiting vehicle entry into Bharatpur, which affected toll collection. The Court emphasized that under Section 34 of the Arbitration and Conciliation Act, 1996, the High Court erred in setting aside the award, as the arbitrators had jurisdiction to decide on the delay and toll collection issues. The judgment reinforced the principle that arbitral awards should be respected unless there are substantial grounds for interference, leading to the dismissal of the State's appeal.

M/S MSK PROJECTS (I)(JV) LTD. vs STATE OF RAJASTHAN · Niyam