Supreme Court of India

Bhaven Construction through Authorised Signatory Premjibhai K. Shah v. Executive Engineer Sardar Sarovar Narmada Nigam Ltd.& Anr.

Neutral citation
Reported as [2021] 1 S.C.R. 1
Bench N.V . Ramana, Surya Kant and Hrishikesh Roy JJ.
Decided 6 January 2021

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

In view of the above reasoning, we are of the considered opinion that the High Court erred in utilizing its discreti onary power available under Articles 226 and 227 of the Constitution herein.

Judgment, page 16

From the headnote

Constitution of India, 1950 – Arts.226 and 227 – Interference with arbitral process – Scope – Dispute arising out of a contract between appellant and respondent no.1 – Contract ha d an arbitration clause – Appellant appointed respondent no.2 as the sole arbitrator – Application of respondent no.1 u/ s.16 of the Arbitration Act disputing jurisdiction of the sole arbitrat or, rejected – Writ petition filed by respondent no.1 – Allowed by High Cour t – Whether arbitral process could be interfered u/Art. 226/227, and under what circumstance – Held: Respondent No.1 chose to impug n the order

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