Indian Oil Corporation Ltd. V/s SPS Engineering Ltd.

Information Type: Judicial Information
Court: Supreme Court
Date of Judgment(s): 2011-02-03
Case No: 1282 of 2011
Case Type: Appeal (Civil)
Judge Name: R.V. Raveendran & A.K. Patnaik
Subject: Civil Law
Statutes / Acts: Arbitration and Conciliation Act, 1996
Section: 11
Bench Strength: Double Bench
Advocate: Goolam E. Vahanvati, AG, Rakesh Sawhney, Mona Aneja et. al (P) & Arvind Minocha (R)
State of Appellant(s): Delhi
History of Case No: udgment and Order dated 08.12.2009 of the High Court of Delhi at New Delhi in A. A. No. 288 of 2009
Equal Citation Details :

(SCSuppl)2011(4)CHN126, 112(2011)CLT67, (2011)2CompLJ19(SC), 2011(2)CTC317, 2011(4)MhLJ10(SC), (2011)4MLJ174(SC), 2011(3)RCR(Civil)335, 2011(2)SCALE291, (2011)3SCC507, [2011]2SCR512, AIR2011SC987, 2011(1)ARBLR373(SC), 2011 2 AWC1884SC

Case Note / Description :

In view of the foregoing, this appeal is allowed and the order of the Designate is set aside. The application under section 11 of the Act filed by appellant before the Chief Justice of the Delhi High Court is allowed and Justice P.K.Bahri (Retd.) who was the earlier Arbitrator is appointed as the sole arbitrator to decide the appellant’s claim in regard to the additional cost for completing the work. It is open to the respondent to raise all contentions against the claim of the appellant including the contention of limitation, maintainability and res judicata, before the arbitrator. Nothing in this order shall be construed as expression of any opinion on the merits or tenability of the claim of the appellant regarding extra cost.


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