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february 2018

Supreme Court of India · 2018-02-07

M/S. ONGC MANGALORE PETROCHEMICALS LTD. vs M/S. ANS CONSTRUCTIONS LIMITED

Citation / case number
SC 2015/12995
Court
Supreme Court of India
Petitioner
M/S. ONGC MANGALORE PETROCHEMICALS LTD.
Respondent
M/S. ANS CONSTRUCTIONS LIMITED
Author
HON'BLE MR. JUSTICE R.K. AGRAWAL
Bench
HON'BLE MR. JUSTICE ABHAY MANOHAR SAPRE HON'BLE MR. JUSTICE R.K. AGRAWAL

Judgment text excerpt

The Supreme Court held that the respondent-Contractee Company established a case for referring the dispute to arbitration under Article 9.0.2.0 of the contract, despite the appellant-Contractor's claims of prior settlement through a No Dues/No Claim Certificate. The Court emphasized that the existence of a genuine dispute necessitates arbitration, and the High Court's order to appoint an arbitrator was upheld. Consequently, the appeal by the appellant-Contractor was dismissed, affirming the lower court's decision.

M/S. ONGC MANGALORE PETROCHEMICALS LTD. vs M/S. ANS CONSTRUCTIONS LIMITED · Niyam