Supreme Court · 2023 INSC 277 · Decided 23 March 2023

Union of India & ORS. v. M/S. Bharat Enterprise

Court
Supreme Court of India
Citation
2023 INSC 277 · [2023] 8 S.C.R. 803
Case number
CIVIL APPEAL No. 3441/2015
Decided
23 March 2023
Bench
K.M. JOSEPH, KRISHNA MURARI, B.V. NAGARATHNA (3-judge bench)
Outcome
Appeal(s) allowed
Case type
Civil
Acts & sections cited
Constitution Article 136; Arbitration Act Section 16(2)

Headnote

Arbitration and Conciliation Act, 1996 - Arbitrator passed an award allowing claims which were submitted after the submission of the final bill (containing No Claims Certificate) by the Respondent-Contractor - During the arbitration, the appellant filed an application u/s.16 invoking the Contract which interdicted the submission of a new claim after the submission of the final bill - Application rejected - Petition filed by the appellant u/s.34 challenging the award, allowed - Order set aside by High Court in appeal u/s.37 - Held: When a contractor

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