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january 2012

Supreme Court of India · 2012-01-31

YOGRAJ INFRAS.LTD. vs SSAMG YONG ENG.& CONSTRN.CO.LTD.

Citation / case number
SC 2010/27141
Court
Supreme Court of India
Petitioner
YOGRAJ INFRAS.LTD.
Respondent
SSAMG YONG ENG.& CONSTRN.CO.LTD.
Author
ALTAMAS KABIR
Bench
J. CHELAMESWAR ALTAMAS KABIR

Judgment text excerpt

The Supreme Court addressed the arbitration clause in the contract between the National Highways Authority of India (NHAI) and SSANG YONG Engineering, emphasizing that disputes arising from the agreement must be resolved through arbitration in Singapore as per Clause 27. The Court held that the invocation of bank guarantees by NHAI was valid, as the petitioner failed to perform the contractual obligations, leading to the termination of the contract under Clause 23.2. The ruling reinforced the enforceability of arbitration agreements and the binding nature of bank guarantees in contractual disputes.

YOGRAJ INFRAS.LTD. vs SSAMG YONG ENG.& CONSTRN.CO.LTD. · Niyam