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september 2014

Supreme Court of India · 2014-09-04

M/S ANAND BROTHERS P.LTD.TR.M.D. vs UNION OF INDIA .

Citation / case number
SC 2008/36177
Court
Supreme Court of India
Petitioner
M/S ANAND BROTHERS P.LTD.TR.M.D.
Respondent
UNION OF INDIA .
Author
T.S. THAKUR
Bench
T.S. THAKUR,C. NAGAPPAN,ADARSH KUMAR GOEL

Judgment text excerpt

The Supreme Court addressed the validity of an arbitral award set aside by the High Court due to the Arbitrator's failure to record 'findings' as mandated by Clause 70 of the General Conditions of Contract. The Court clarified that 'findings' must encompass the reasoning behind conclusions, thus upholding the High Court's decision to set aside the award and remand the matter for fresh determination. The case was referred to a larger bench to resolve conflicting precedents, specifically between Gora Lal v. Union of India and Build India Construction System v. Union of India.

M/S ANAND BROTHERS P.LTD.TR.M.D. vs UNION OF INDIA . · Niyam