Supreme Court · 1996 INSC 213 · Decided 9 February 1996
U. P. Rajkiya Nirman Nigam LTD. v. Indure PVT. LTD. and Others
- Court
- Supreme Court of India
- Citation
- 1996 INSC 213 · [1996] 2 S.C.R. 386
- Case number
- CIVIL APPEAL No. 3226/1996
- Decided
- 9 February 1996
- Bench
- K. RAMASWAMY, S. SAGHIR AHMAD, G.B. PATTANAIK (3-judge bench)
- Outcome
- Appeal(s) allowed
- Case type
- Civil
- Acts & sections cited
- Contract Act Section 32; Arbitration Act Section 33
Headnote
Arbitration Ac~ 1940: Sections 2(a) and 33. C Arbitration agreement-Existence and validity of-Maintainability of application-Challenge of-Arbitration clause-consensus ad idem between parties must-Absence thereof-Agreement would be treated as non- existent. Arbitrator~Not competent to go into the alone compet,ent to decide it con­ D clusively-Acquiscence.of-Did not confer jwisdiction-Would not estop the party from having remedy under Section 3~Doctrine of EstOppel. _ Draft agreement-Material changes-Making of-Amounted to counte~Proposal by party-Not accepted by other party
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