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october 2013

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.

VISHNU (D)BY LRS. vs STATE OF MAHARASHTRA . · Niyam