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july 2019

Supreme Court of India · 2019-07-09

Nirmal Software Service (P) Ltd vs Dr. Babasaheb Ambedkar Marthwada ...

Citation / case number
AIR 2019 SUPREME COURT 3427
Court
Supreme Court of India
Petitioner
Nirmal Software Service (P) Ltd
Respondent
Dr. Babasaheb Ambedkar Marthwada ...
Author
Indu Malhotra
Bench
Indu Malhotra, Abhay Manohar Sapre

Judgment text excerpt

The Supreme Court upheld the High Court's dismissal of the Writ Petition No. 1413 of 2017, emphasizing the binding arbitration clause in the Memorandum of Understanding (MoU) between the parties, as per Section 7 of the Arbitration and Conciliation Act, 1996. The Court directed the parties to proceed to arbitration, appointing Mr. Justice Pratap Hardas (Retd.) as the Sole Arbitrator, ensuring compliance with Section 12 regarding independence and impartiality. The decision reinforces the principle that disputes arising from contractual agreements with arbitration clauses must be resolved through arbitration rather than judicial intervention.

Nirmal Software Service (P) Ltd vs Dr. Babasaheb Ambedkar Marthwada ... · Niyam