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Supreme Court of India

Lombardi Engineering Limited v. Uttarakhand Jal Vidyut Nigam Limited

Neutral citation
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.

4 Supreme Court benches have cited this judgment.

What the Court ordered

In view of the aforesaid discussion, we have reached to the conclusion that we should ignore the two conditions contained in Clause 55 of the GCC, one relating to 7% deposit of the total amount claimed and the second one relating to the stipulation empowering 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 · 2 mentioned

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