Supreme Court of India

Chairman and M.D., N.T.P.C. Ltd. v. M/s Reshmi Constructions, Builders & Contractors

Neutral citation
Reported as [2004] 1 S.C.R. 62
Bench V.N. Khare and S.B. Sinha JJ.
Decided 5 January 2004

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.

15 Supreme Court benches have cited this judgment.

What the Court ordered

We are of the opinion that there is no infirmity in the impugned judgment.

Judgment, page 20

From the headnote

Arbitration Act, 1940-Section 20-Rejection of final bill by the company submitted by contractor-Acceptance of final payment by the contractor and giving no-dues certificate under protest and without prejudice-Contractor invoking arbitration clause as per the contract-Company taking the plea that on acceptance of final payment, the contract comes to an end and hence contractor cannot invoke arbitration clause under the contract-Validity of­ Held, on facts, the arbitration clause in the contract subsists since the payment was accepted by contractor under protest and without prejudice.

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