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october 2017

Supreme Court of India · 2017-10-03

Chittaranjan Maity vs Union Of India

Citation / case number
AIR 2017 SUPREME COURT 4588
Court
Supreme Court of India
Petitioner
Chittaranjan Maity
Respondent
Union Of India
Author
S.Abdul Nazeer
Bench
S. Abdul Nazeer, J. Chelameswar

Judgment text excerpt

The Supreme Court held that the issuance of a 'No Claims Certificate' by the appellant does not bar the adjudication of disputes under the Arbitration and Conciliation Act, 1996, specifically under Section 11(6) and Section 34. The Court emphasized that the Division Bench of the High Court erred in setting aside the Single Judge's order and the Arbitral Tribunal's award without considering that the issue of the certificate was not raised in earlier proceedings. The Court reinstated the award of the Arbitral Tribunal, affirming the appellant's right to claim despite the certificate.

Chittaranjan Maity vs Union Of India · Niyam