Supreme Court of India
M/s. Emm Enn Associates v. Commander Works Engineer & Ors.
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What the Court ordered
We are of the view that there was a dispute which needed an adjudication after looking into all relevant documents, bills and certificates which could have been appropriately examined by Arbitral Tribunal and the observation of the Chief Justice "As the appellant has failed to prima facie show this court that there was a live claim of the appellant" does not commend us.
Judgment, page 11
From the headnote
Arbitration and Conciliation Act, 1996 - s. 11 - Work contract - To appellant-contractor, by Government - After completion of work, payment of undisputed part of final bill on 10.4.2001 - As per the contract defect liability period was two years, during which recovery could be made from the contractor - On 23.2.2005 contractor served notice to the Government raising other claims which were disputed - Claim denied - Letter by contractor to Government for appoint111ent of arbitrator as per the contract - Thereafter application uls.11 filed - Rejection of application by the Chief Justice of High
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