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Supreme Court of India

Lombardi Engineering Limited v. Uttarakhand Jal Vidyut Nigam Limited

Neutral citation
Reported as [2023] 13 S.C.R. 943
Bench Dr. Dhananjaya Y. Chandrachud, J.B. Pardiwala and Manoj Misra JJ.
Decided 6 November 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.

3 Supreme Court benches have cited this judgment.

What the Court ordered

In view of the aforesaid discussion, we have r eached to the conclusion that we should ignore the two conditions contained in Clause 55 of the GCC, one relating to 7% deposit of the to tal amount claimed and the second one relating to the stipulation empo wering the Principal Secretary (Irrigation) Government of Uttarakhand to appoint a sole arbitrator.

Judgment, page 83

From the headnote

Issue for consideration: Whether the dictum as laid down in ICOMM Tele Limited’s case can be made applicable to the instant case, when Clause 55 of the General Conditions of Contract provides for a pre-deposit of 7% of the total claim for the purpose of invoking the arbitration clause; whether there is any direct confl ict between the decisions of this Court in S.K. Jain’s case and ICOMM Tele Limited ’s case; whether this Court while deciding a petition fi led u/s. 11(6) of the Arbitration and Conciliation Act, 1996 for appointment of a sole arbitrator can hold that the condition of pre-deposit

Authorities it was built on

Where later benches applied it

Of those, 1 relied on · 1 referred to · 1 mentioned

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