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Supreme Court of India

State of West Bengal & Ors. v. Associated Contractors

Neutral citation
Reported as [2014] 10 S.C.R. 426
Bench R.M. Lodha CJI, Kurian Joseph and R.F. Nariman JJ.
Decided 10 September 2014

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.

12 Supreme Court benches have cited this judgment.

What the Court ordered

We hold that the decisions under the 1940 Act would c not obtain under the 1996 Act, and the Supreme Court cannot be "court" for the purposes of Section 42.

Judgment, page 18

From the headnote

Arbitration and Conciliation Act, 1996: ss.34, 42 - Which Court will have the jurisdiction to entertain and decide an application u/s.34 of the Act - Held: The "Court" would be the High Court and not the District Court. s.42 - Applicability of - Held: The expression "with respect to an arbitration agreement" makes it clear that s. 42 will apply to all applications made whether before or during arbitral proceedings or after an award is pronounced under Part-I of the Act. s.42 - Court - Meaning of. Dismissing the appeals, the Court HELD: 1. The "Court" for the purpose of Section 42 of the

Authorities it was built on

Where later benches applied it

Of those, 4 relied on · 7 referred to · 1 not applicable

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