Supreme Court of India · 2018-03-22
THE STATE OF BIHAR vs M/S BRAHMAPUTRA INFRASTRUCTURE LIMITED
- Citation / case number
- SC 2017/18740
- Court
- Supreme Court of India
- Petitioner
- THE STATE OF BIHAR
- Respondent
- M/S BRAHMAPUTRA INFRASTRUCTURE LIMITED
- Author
- HON'BLE MR. JUSTICE ADARSH KUMAR GOEL
- Bench
- HON'BLE MR. JUSTICE ADARSH KUMAR GOEL, HON'BLE MR. JUSTICE ROHINTON FALI NARIMAN, HON'BLE THE CHIEF JUSTICE
Judgment text excerpt
The Supreme Court addressed the conflict between the Arbitration and Conciliation Act, 1996 and the Bihar Public Works Contracts Arbitration Tribunal Act, 2008. It held that the Bihar Act does not exclude the Central Act but rather supplements it, as per Section 8 of the Bihar Act, which states that in case of conflict, the Central Act shall prevail. The Court affirmed the appointment of an arbitrator under Section 11(6) of the Central Act, emphasizing the binding nature of the arbitration agreement executed by the parties on June 22, 2012.