Supreme Court of India
M.P. Rajya Tilhan Utpadak Sahakari Sangh Maryadit, Pachama, District Sehore and Others v. M/s. Modi Transport Service
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.
1 Supreme Court bench has cited this judgment.
What the Court ordered
In view of the aforesaid discussion, we allow the present appeal and set aside the impugned order dated 19th September 2019 of the High Court affirming the order dated 16th May 1996 passed by the Additional District Judge, Sehore Camp Astha.
Judgment, page 27
From the headnote
Arbitration Act, 1940: s. 21 – Parties to suit may ap ply for order of reference – Dispute between the parties – Suit fi led for the settlement of accounts – Thereafter, application by the respondent for appointment of Chartered Accountant-CA as Commis sioner, to submit report after conducting audit of accounts – Appo intment of CA – Pursuant thereto, submission of report by CA before the court stating the amount due and payable by the appellant to the respondent – Thereafter, objections by the appellant that CA was appointed as Commissioner u/Or. XXVI r. 9 and not as arbitrator u/ s.21 –
Authorities it was built on
- 1991 Byram Pestonfl Gariwala v. Union Bank of India and Ors.
- 2015 Shailesh Dhairyawan v. Mohan Balkrishna Lulla
- 1998 K.K. Modi v. K.N. Modi and Ors.
- 2010 Afcons Infrastructure Ltd. and Anr. v. Cherian Varkey Construction Cq. (p) Ltd. and Ors.
- 2003 Bihar State Mineral Development Corpn. and Anr. v. Encon Builders (i) Pvt. Ltd.
- 2012 Dayal Singh & Ors. v. State of Uttaranchal
- 1979 Murari Lal S/o Ram Singh v. State of Madhya Pradesh
- 1999 Bharat Bhushan Bansal v. U.P. Small Industries Corporation Ltd., Kanpur
- 2018 Kerala State Electricity Board and Anr v. Kurien E. Kalathil and Anr.
- 1989 I.T.C. Limited v. George Joseph Fernandes & Anr.
Where later benches applied it
Of those, 1 referred to
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.