Supreme Court of India

Bharat Sanchar Nigam Ltd. v. Telephone Cables Ltd.

Neutral citation
Bench R.V. Raveendran and K.S. Radhakrishnan JJ.
Decided 22 January 2010

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.

6 Supreme Court benches have cited this judgment.

What the Court ordered

We hold that in the absence of an arbitration agreement, the application under section 11 F of the Act was not maintainable.

Judgment, page 20

From the headnote

Arbitration and Conciliation Act, 1996: ss. 7 and 11 - Government contracts - Tender - Allegation of arbitrariness in tender process - Aggrieved bidder filed application for referring matter to arbitration - Held: On facts, documents show that arbitration clause was applicable only to contract awarded by placing a purchase order and not in regard to any dispute to the tender or bid or non-placing of purchase order - Thus, arbitration clause did not exist in regard to tender stage dispute or pre-contract differences, at a stage when there was no privily of contract - Since a purchase order was…

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