Supreme Court of India · 2018-11-22
SOUTH DELHI MUNICIPAL CORPORATION vs SMS AAMW TOLLWAYS PRIVATE LIMITED
- Citation / case number
- SC 2016/25552
- Court
- Supreme Court of India
- Petitioner
- SOUTH DELHI MUNICIPAL CORPORATION
- Respondent
- SMS AAMW TOLLWAYS PRIVATE LIMITED
- Author
- HON'BLE THE CHIEF JUSTICE
- Bench
- HON'BLE MR. JUSTICE L. NAGESWARA RAO HON'BLE THE CHIEF JUSTICE
Judgment text excerpt
The Supreme Court upheld the High Court's order allowing the arbitration petition under Section 11(6) of the Arbitration and Conciliation Act, 1996, affirming that the Respondent-SMS AAMW Tollway Private Ltd. had a valid claim for arbitration against the Appellant-South Delhi Municipal Corporation. The Court established that the existence of a dispute under the Bilateral Agreement warranted arbitration, despite the Appellant's contention regarding the absence of an arbitration clause. The appeal by the Appellant was dismissed, thereby allowing the arbitration proceedings to continue.