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december 2018

Supreme Court of India · 2018-12-04

Municipal Corporation Of Greater ... vs Pratibha Industries Limited

Citation / case number
AIR 2019 SUPREME COURT 650
Court
Supreme Court of India
Petitioner
Municipal Corporation Of Greater ...
Respondent
Pratibha Industries Limited
Author
R. F. Nariman
Bench
M.R. Shah, R.F. Nariman

Judgment text excerpt

The Supreme Court addressed the High Court's authority to recall its orders in the context of arbitration proceedings under the Arbitration and Conciliation Act, 1996. The Court held that the provisions of Clause 22 of the Tender Notice, which mandated a dispute resolution mechanism, were superseded by Clause 13 of the General Conditions of Contract that explicitly prohibited arbitration. Consequently, the appointment of a Sole Arbitrator was deemed invalid, and the High Court's injunction was set aside, reaffirming the binding nature of the contract's terms.

Municipal Corporation Of Greater ... vs Pratibha Industries Limited · Niyam