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Procedural History of The Case

This document outlines the procedural history of a case between ONGC and SAW Pipes Ltd. ONGC ordered pipes from SAW Pipes but disputes arose when SAW Pipes was unable to meet the delivery schedule due to strikes in Europe. ONGC deducted damages from SAW Pipes' bill for the delay without third party adjudication. The matter was referred to arbitration, which ruled in favor of SAW Pipes. ONGC challenged the ruling unsuccessfully in the High Court and Supreme Court.

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78 views1 page

Procedural History of The Case

This document outlines the procedural history of a case between ONGC and SAW Pipes Ltd. ONGC ordered pipes from SAW Pipes but disputes arose when SAW Pipes was unable to meet the delivery schedule due to strikes in Europe. ONGC deducted damages from SAW Pipes' bill for the delay without third party adjudication. The matter was referred to arbitration, which ruled in favor of SAW Pipes. ONGC challenged the ruling unsuccessfully in the High Court and Supreme Court.

Uploaded by

nirshan raj
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
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Download as DOCX, PDF, TXT or read online on Scribd
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PROCEDURAL HISTORY OF THE CASE

In this case, ONGC ordered pipes from SAW Pipes Ltd. on certain terms and conditions and for
dispute resolution it also had an arbitration clause. Disputes arose as SAW Pipes was unable to
conform to the time schedule prescribed for supplies due to the strike of the workers in Europe
for almost two months. SAW Pipes informed these facts to ONGC which in turn replied that
damages as per the contract would have to be paid. SAW Pipes thereafter supplied the pipes and
ONGC deducted a large sum from the bill on account of delay without there being any
adjudication or determination by a third party.

The matter was referred to arbitration and an order was passed in favor of the respondents. The
same was challenged before a single Judge of High Court which dismissed the petition. A further
challenge before a division bench was also negated. Finally, an appeal to the Supreme Court
under Article 136 (Special Leave Petition) came to be heard by two Judges.

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