Supreme Court · 2003 INSC 409 · Decided 21 August 2003
Bihar State Mineral Development CORPN. and ANR. v. Encon Builders (I) PVT. LTD.
- Court
- Supreme Court of India
- Citation
- 2003 INSC 409 · [2003] SUPP. 2 S.C.R. 812
- Case number
- CIVIL APPEAL No. 2025/1997
- Decided
- 21 August 2003
- Bench
- V.N. KHARE, S.B. SINHA (2-judge bench)
- Outcome
- Dismissed
- Case type
- Civil
- Acts & sections cited
- Arbitration Act
Headnote
DEVELOPMENT CORPN. AND ANR. v. ENCON BUILDERS (I) PVT. LTD. AUGUST 21, 2003 B [V.N. KHARE, CJ AND S.B. SINHA, J.] Arbitration Act, I 940: Arbitration agreement-Bias-Effect of-Held: Actual bias influences C the decision, depriving the litigant a fair trial-It would lead to . a nullity-High Court rightly held that a Managing Director possessing power to impose fine/terminate the D contract; could not assume the role of an arbitrator. Words and Phrases: 'Actual bias '-Meaning of-Jn the context of Arbitration Act, 1940. E Appellant Corporation had given a contract, as
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