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february 2018

Supreme Court of India · 2018-02-07

M/S. Ongc Mangalore Petrochemicals ... vs M/S. Ans Constructions Limited

Citation / case number
AIR 2018 SUPREME COURT 796
Court
Supreme Court of India
Petitioner
M/S. Ongc Mangalore Petrochemicals ...
Respondent
M/S. Ans Constructions Limited
Author
R.K. Agrawal
Bench
Amitava Roy, R.K. Agrawal

Judgment text excerpt

The Supreme Court upheld the High Court's decision to appoint an arbitrator under Article 9.0.2.0 of the contract, affirming that the respondent-Contractee Company had established a case for arbitration despite the appellant-Contractor's claims of duress regarding the No Dues/No Claim Certificate. The Court emphasized that the existence of a genuine dispute warranted arbitration, rejecting the appellant's contention that the claim was unsustainable. Consequently, the appeal was dismissed, affirming the High Court's order dated 12.01.2015.

M/S. Ongc Mangalore Petrochemicals ... vs M/S. Ans Constructions Limited · Niyam