Supreme Court of India · 2019-03-29
NORTH WESTERN RAILWAY GENERAL MANAGER vs M/S BHARAT SPUN PIPES AND CONSTRUCTION COMPANY.
- Citation / case number
- SC 2018/6612
- Court
- Supreme Court of India
- Petitioner
- NORTH WESTERN RAILWAY GENERAL MANAGER
- Respondent
- M/S BHARAT SPUN PIPES AND CONSTRUCTION COMPANY.
- Author
- HON'BLE MR. JUSTICE AJAY RASTOGI
- Bench
- HON'BLE MR. JUSTICE AJAY RASTOGI HON'BLE MR. JUSTICE A.M. KHANWILKAR
Judgment text excerpt
The Supreme Court examined the applicability of the amended provisions of the Arbitration and Conciliation Act, 1996, particularly Section 11(6), in light of the Arbitration and Conciliation (Amendment) Act, 2015. The Court held that the High Court erred in appointing an independent arbitrator without adhering to the mutually agreed procedure specified in the arbitration agreement. The Court ruled that the arbitration agreement was not discharged by the acceptance of the amount without a no claim certificate, thereby emphasizing the necessity of following the agreed arbitration process.