Supreme Court of India
M/s. M.K. Shah Engineers and Contractors v. State of Madhya Pradesh
INSC stands for INDIAN SUPREME COURT. A neutral citation scheme assigned by the Court itself, so a judgment can be cited without depending on a commercial law reporter. INSC is the neutral citation scheme assigned by the Supreme Court, so a judgment can be cited without depending on a commercial law reporter.
2 Supreme Court benches have cited this judgment.
What the Court ordered
For the foregoing reasons,-we are of the opinion that the trial court and the High Court were not justified in setting aside the awards and remitting them back for decision afresh by the arbitrator on the ground of non-compliance with the earlier part of clause 3.3.
Judgment, page 18
From the headnote
Ji" Arbitration Act 1940 : Section 33-Arbitration clause in agreement prescribing decision by Superintending Engineer on dispute between parties as condition prece- c dent-Dispute arising between the parties-Reference of dispute to ar- bitrato,..-f'reliminary objection by one party regarding maintainability of arbitration proceedings as condition precedent for invoking arbitration clause not satisfied-Party raising preliminary objection responsible for fmstration of condition precedent prescribed in arbitration clause-Held, preliminary objec- tion not maintainable as no one can be pennitted
Where later benches applied it
- 2026 M/s.bhagheeratha Engineering Ltd v. State of Kerala
- 2022 National Highway Authority of India v. Transstroy (india) Limited
Of those, 1 relied on · 1 referred to
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