Supreme Court · 2011 INSC 328 · Decided 25 April 2011
Union of India & ORS. v. M/S. Master Construction CO.
- Court
- Supreme Court of India
- Citation
- 2011 INSC 328 · [2011] 5 S.C.R. 853
- Case number
- CIVIL APPEAL No. 3541/2011
- Decided
- 25 April 2011
- Bench
- AFTAB ALAM, RAJENDRA MAL LODHA (2-judge bench)
- Outcome
- Appeal(s) allowed
- Case type
- Civil
- Acts & sections cited
- Arbitration Act Section 11
Headnote
ARBITRATION AND CONCILIATION ACT, 1996: A B s. 11 (6) - Application for appointment of arbitrator after C submitting 'no-claim certificate' and receipt of payment of final bill - Arbitrator appointed - Held: Where the dispute raised by the claimant with regard to validity of the discharge voucher agreement, prima facie, appears to be lacking in credibility, there may not o be necessity to refer the dispute for arbitration at all - It may not be proper to burden a party, who contends that dispute is . not arbitrable on account of discharge of contract, with huge cost of arbitration
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