Supreme Court of India

Bharat Sanchar Nigam Ltd. & Anr. v. Motorola India Pvt. Ltd.

Neutral citation

Reported as [2008] 13 S.C.R. 445

Bench Tarun Chatterjee J.

Decided 15 September 2008

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.

7 Supreme Court benches have cited this judgment.

What the Court ordered

We hold that the disputes raised by the respondents are arbitrable and not excepted from scope of arbitration.

Judgment, page 17

From the headnote

Arbitration and Conciliation Act, 1996: s.11 - Excepted matter- Agreement speaking of /iabil- c ity of supplier to pay liquidated damages to purchaser on ac- count of delay in delivery - But not pmviding for any adjudi- catory process for determining delay- Levy of liquidated dam- ages - Held: Is not excepted matter and hence is arbitrable. s.11 - Appointment of arbitrator - Limitation - lmposi- tion of liquidated damages by supplier - Notice by purchaser for appointment of arbitrator - Supplier/Appointing authority failing to act within time prescribed under the Act - Petition under s.11 by

Authorities it was built on

2002 General Manager Northern Railways and Anr. v. Sarvesh Chopra cited by 8
1999 Food Corporation of India v. Sreekanth Transport cited by 5

Where later benches applied it

2019 M/s Mitra Guha Builders (india) Company v. Oil and Natural Gas Corporation Limited relied on
2014 Union of India v. M/s Pam Development Pvt. Ltd. relied on
2012 Denel (proprietary Limited) v. Govt. of India, Ministry of Defence relied on
2022 Food Corporation of India & Ors. v. Abhijit Paul referred to
2022 Indian Oil Corporation Limited v. Ncc Limited referred to
2014 Voltas Ltd. v. Rolta India Ltd. referred to
2019 Bharat Broadband Network Limited v. United Telecoms Limited not applicable

Of those, 3 relied on · 3 referred to · 1 not applicable

Sign in free to read it

The full judgment, page by page, as published in the Supreme Court Reports
The ratio: what the Court held, verbatim, with the page it sits on
Every bench that relied on it, and every bench that argued against it
Search every reported judgment, by party, citation or question
Download the PDF, copy pinpoint citations ready for a filing

An email address, no password.