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november 2018

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.

SOUTH DELHI MUNICIPAL CORPORATION vs SMS AAMW TOLLWAYS PRIVATE LIMITED · Niyam