Supreme Court of India · 2013-10-04
VISHNU (D)BY LRS. vs STATE OF MAHARASHTRA .
- Citation / case number
- SC 2004/25890
- Court
- Supreme Court of India
- Petitioner
- VISHNU (D)BY LRS.
- Respondent
- STATE OF MAHARASHTRA .
- Author
- G.S. SINGHVI
- Bench
- G.S. SINGHVI,V. GOPALA GOWDA,C. NAGAPPAN
Judgment text excerpt
The Supreme Court addressed the interpretation of Clause 30 of the B-1 Agreements between the Government of Maharashtra and the appellant, determining whether it constituted an arbitration clause under the Arbitration Act, 1940. The Court held that the High Court's conclusion that Clause 30 was not an arbitration clause was incorrect, thereby reinstating the trial Court's decision to appoint an arbitrator. The judgment clarified the legal standing of arbitration clauses in contractual agreements, emphasizing the necessity of mutual consent for arbitration proceedings under Section 21 of the Arbitration Act.