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november 2011

Supreme Court of India · 2011-11-23

Union Of India vs L.S.N. Murthy & Anr

Citation / case number
AIRONLINE 2011 SC 375
Court
Supreme Court of India
Petitioner
Union Of India
Respondent
L.S.N. Murthy & Anr
Author
A. K. Patnaik
Bench
A. K. Patnaik, P. Sathasivam

Judgment text excerpt

The Supreme Court addressed an appeal under Article 136 against the Andhra Pradesh High Court's dismissal of a Civil Miscellaneous Appeal concerning an arbitration award under the Arbitration and Conciliation Act, 1996. The Court held that if a contract is found to be void ab initio, as determined by the arbitrator, the arbitration clause within that contract is also rendered inoperative, following the precedent set in National Insurance Company Limited v. Boghara Polyfab Private Limited [(2009) 1 SCC 267]. Consequently, the Court upheld the High Court's decision, affirming the validity of the arbitration award despite the appellant's challenge.

Union Of India vs L.S.N. Murthy & Anr · Niyam