Supreme Court of India
National Highway Authority of India v. Transstroy (india) Limited
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
In view of the above and for the reasons stated above, the order passed by the Arbitral Tribunal dated 15.09.2017 and the impugned judgment and order passed by the High Court deserve to be quashed and set aside and are accordingly quashed and set aside.
Judgment, page 23
From the headnote
Arbitration and Conciliation Act, 1996: s. 23(2A) – Statements of claim and defence – Contract between appellant (NHAI) and the respondent company – Dispute between the parties referred to the arbitrator – Application u/s. 23(2A) by the appellant to permit them to place on record its counter claim – Rejection of, by the tribunal as also the High Court – On appeal, held: When there is a provision for filing the counter claim-set off, which is expressly inserted in s. 23, there was no reason for curtailing the right of the appellant for making the counter claim or set off – If the counter claim…
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