MUNICIPAL CORPORATION OF GREATER MUMBAI vs PRATIBHA INDUSTRIES LIMITED

The Supreme Court addressed the jurisdictional issues arising from a tender agreement, specifically examining Clause 22 of the Tender Notice and Clause 13 of the General Conditions of Contract. The Court held that the parties had agreed to a final and binding decision by the Municipal Commissioner, thus precluding arbitration under Section 9 of the Arbitration and Conciliation Act, 1996. The Court emphasized that the parties' consent to the terms of the contract dictated the resolution process, affirming the High Court's decision to appoint an arbitrator despite the absence of an arbitration clause in the contract.