Supreme Court of India
M/s. S.D. Shinde Tr. Partner v. Govt. of Maharashtra and Ors
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.
What the Court ordered
For the above reasons, this court is of the opinion that the impugned judgment as well as the judgment of the trial court, cannot be s ustained; they are accordingly set aside.
Judgment, page 12
From the headnote
Issue for consideration: Award made in favour of the appellant- contractor was challenged by the respondent-State u/s.30, 33, Arbitration Act, 1940 and was set aside by Courts below inter alia holding that the claim was time-barred – Legality. Arbitration Act, 1940 – ss.30 and 33 – Jurisdiction of Courts – Scope: Held: claim crystallizes upon the issuance of the fi nal bill which in this case was on 14.12.1992 – Contractor’s complaint with re spect to payment was fi rst aired in 1988; the rejection resulted in an appeal before the higher authority, who never rendered his opinion or decision –
Authorities it was built on
- 1963 Jivarajbhai Ujamshi Sheth and Others v. Chintamanrao Balaji and Others
- 2008 J.C. Budhraja v. Chairman, Orissa Mining Corpn. Ltd. & Anr.
- 1988 Major (retd.) Inder Singh Rekhi v. Delhi Development Authority
- 1994 Bijendra Nath Srivastava (dead) through Lrs. v. Mayank Srivastavaand Ors.
- 1995 Trustees of the Port of Madras v. Engineering Constructions Corporation Limited
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