Supreme Court · 1999 INSC 45 · Decided 5 February 1999

M/S. M.K. Shah Engineers and Contractors v. State of Madhya Pradesh

Court
Supreme Court of India
Citation
1999 INSC 45 · [1999] 1 S.C.R. 419
Case number
CIVIL APPEAL No. 5961/1983
Decided
5 February 1999
Bench
SUJATA V. MANOHAR, R.C. LAHOTI (2-judge bench)
Outcome
Case Partly allowed
Case type
Civil
Acts & sections cited
Arbitration Act Section 33

Headnote

B .. Ji" Arbitration Act 1940 : Section 33-Arbitration clause in agreement prescribing decision by Superintending Engineer on dispute between parties as condition prece- c dent-Dispute arising between the parties-Reference of dispute to ar- bitrato,..-f'reliminary objection by one party precedent for invoking arbitration clause not satisfied-Party raising preliminary objection responsible for fmstration of condition precedent prescribed in arbitration clause-Held, preliminary objec- tion not maintainable as no one can be pennitted to take advantage of one's D own wrong and it

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