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november 2011

Supreme Court of India · 2011-11-23

UNION OF INDIA vs L.S.N. MURTHY

Citation / case number
SC 2006/22517
Court
Supreme Court of India
Petitioner
UNION OF INDIA
Respondent
L.S.N. MURTHY
Author
A. K. PATNAIK
Bench
A.K. PATNAIK P. SATHASIVAM

Judgment text excerpt

The Supreme Court addressed the validity of an arbitration clause in a contract deemed void ab initio, referencing Section 34 and Section 37 of the Arbitration and Conciliation Act, 1996. The Court upheld the findings of the arbitrator, affirming that the contract was enforceable despite the appellant's claims, and dismissed the appeal against the High Court's decision. The ruling clarified that an arbitration clause cannot be invoked if the underlying contract is void, aligning with the precedent set in National Insurance Company Limited v. Boghara Polyfab Private Limited [(2009) 1 SCC 267].

UNION OF INDIA vs L.S.N. MURTHY · Niyam