Supreme Court · 2019 INSC 341 · Decided 11 March 2019

M/S Icomm Tele LTD. v. Punjab State Water Supply & Sewerage Board & ANR.

Court
Supreme Court of India
Citation
2019 INSC 341 · [2019] 2 S.C.R. 984
Case number
CIVIL APPEAL No. 2713/2019
Decided
11 March 2019
Bench
R.F. NARIMAN, VINEET SARAN (2-judge bench)
Outcome
Appeal(s) allowed
Case type
Civil
Acts & sections cited
Constitution Article 14

Headnote

Arbitration: Arbitration agreement - Arbitration clause in notice inviting tender in commercial contracts - Pre-deposit clause-10% "deposit- at-call" of the amount claimed by party invoking arbitration, if arbitrary of Art. 14 of the Constitution - Held: A pre-deposit of 10% would discourage a party to an arbitration from invoking this alternative dispute resolution process, contrary to the object of de-clogging the court system, and would render the arbitral process ineffective and expensive

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