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Supreme Court of India

Ntpc Ltd. v. M/s Spml Infra Ltd

Neutral citation
Reported as [2023] 2 S.C.R. 846
Bench Dr. Dhananjaya Y Chandrachud and Pamidighantam Sri Narasimha JJ.
Decided 10 April 2023

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.

4 Supreme Court benches have cited this judgment.

What the Court ordered

We hold that the expression “existence of an arbitration agreement” in Section 11 of the Arbi tration 18 (2019) 5 SCC 362: “.

Judgment, page 13

From the headnote

Arbitration and Conciliation Act 1996 : s. 11(6) – Constitution of arbitral tribunal – Arbitiability of the dispute – Contract between the parties – Successful completion of work by SPML and issuanc e of completion certificate by NTPC – NTPC released the final payment – However, NTPC withheld SPML’s Bank Guarantees with respect to other projects – In turn, SPML raised a claim against NTPC, and thereafter, filed writ petition seeking release the Bank Guarantees – During pendency, the parties arrived at a Settlement Agreement and in compliance thereof, NTPC released the Bank uarantees and SPML

Authorities it was built on

Where later benches applied it

Of those, 1 relied on · 3 referred to

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