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UNION OF INDIA vs. M/S. SIMPLEX INFRASTRUCTURES LTD.

SCR Citation: [2017] 3 S.C.R. 544
Year/Volume: 2017/ Volume 3
Date of Judgment: 13 April 2017
Petitioner: UNION OF INDIA
Disposal Nature: Appeals Allowed
Neutral Citation: 2017 INSC 344
Judgment Delivered by: Hon'ble Mr. Justice A.M. Khanwilkar
Respondent: M/S. SIMPLEX INFRASTRUCTURES LTD.
Case Type: CIVIL APPEAL /4892-4893/2017
Order/Judgment: Judgment
1. Headnote

Arbitration and Conciliation Act, 1996 - ss. 34, 3 7 - Respondent entered into an agreement with appellant in respect of reconstruction project - According to appellant, respondent failed to adhere to the time frame for completion of contract - Consequently, appellant rescinded the contract - Then rejp01ideni invoked arbitration clause, wherein the Arbitrator passed an mvard holding that the rescindment order passed by the appellant was illegal - Aggrieved appellant filed a petition for selling aside award u/s.34 before the district court, which held petition not maintainable Appellant then challenged the award before High Court along with application for condonation of delay - Single Judge allowed the _ application for condonation of delay - Aggrieved respondent preferred intra court Letters Patent Appeal - Division bench reversed the order of Single Judge by invoking its jurisdiction under Letters Patent appeal - On appeal, held: There is no scope of remedy of Letters Patent appeal in relation to judgment of the Single Judge - No appeal is provided against an order passed by the court of competent jurisdiction condoning the delay in filing the petition u/s.34 - Whether Single Judge had rightly exercised the discretion or otherwise, could be assailed by the respondent before Supreme Court by way of a special leave petition - But, not by way of Letters Patent Appeal u/Cl. 15 - Jurisdiction - Letters Patent of High Court at Calcutta - Cl.15.

2. Case referred
3. Act
      No Data Found!!!!!
4. Keyword
  • Arbitration and Conciliation Act
  • 1996 -
5. Equivalent citation
    Citation(s) 2017 (6) JT 596 = 2017 (6) Suppl. JT 596 = 2017 (5) SCALE 76