Supreme Court · 2022 INSC 680 · Decided 11 July 2022
National Highway Authority of India v. Transstroy (India) Limited
- Court
- Supreme Court of India
- Citation
- 2022 INSC 680 · [2022] 6 S.C.R. 948
- Case number
- CIVIL APPEAL No. 6732/2021
- Decided
- 11 July 2022
- Bench
- M.R. SHAH, SANJIV KHANNA (2-judge bench)
- Outcome
- Appeal(s) allowed
- Case type
- Civil
- Acts & sections cited
- Arbitration Act Section 23(2A), 23, 34, 37
Headnote
Arbitration and Conciliation Act, 1996: s. 23(2A) - Statements of claim and defence - Contract between appellant (NHAI) and the respondent company - Dispute between the parties referred to the arbitrator - Application u/s. 23(2A) by the appellant to permit them its counter claim - Rejection of, by the tribunal as also the High Court - On appeal, held: When there is a provision for filing the counter claim-set off, which is expressly inserted in s. 23, there was no reason for curtailing the right of the appellant for making the counter
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