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december 2014

Supreme Court of India · 2014-12-17

M/S RAM BARAI SINGH & CO. vs STATE OF BIHAR .

Citation / case number
SC 2011/7798
Court
Supreme Court of India
Petitioner
M/S RAM BARAI SINGH & CO.
Respondent
STATE OF BIHAR .
Author
SHIVA KIRTI SINGH
Bench
SHIVA KIRTI SINGH M.Y. EQBAL

Judgment text excerpt

The Supreme Court held that the Division Bench of the Patna High Court erred in dismissing the appellant's writ petition on the grounds of an arbitration clause, as the agreement had ceased to exist after the completion of work and payment in 1992. The Court emphasized that the alternative remedy of arbitration was not applicable since the dispute arose long after the agreement's execution and the respondents had not raised this objection in previous proceedings. Consequently, the Court reinstated the appellant's right to seek judicial remedy for the delayed refund of the security deposit and related claims.

M/S RAM BARAI SINGH & CO. vs STATE OF BIHAR . · Niyam