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Tantia Construction Case

The Supreme Court dismissed a special leave petition regarding two arbitration proceedings for the same contract. The Court agreed with the High Court's view that there cannot be two arbitration proceedings for the same contract or transaction under Section 11(6) of the Arbitration and Conciliation Act, 1996.

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90 views2 pages

Tantia Construction Case

The Supreme Court dismissed a special leave petition regarding two arbitration proceedings for the same contract. The Court agreed with the High Court's view that there cannot be two arbitration proceedings for the same contract or transaction under Section 11(6) of the Arbitration and Conciliation Act, 1996.

Uploaded by

sudhanshulad3
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© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
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ITEM NO.13 COURT NO.

11 SECTION XVI

S U P R E M E C O U R T O F I N D I A
RECORD OF PROCEEDINGS

Petition for Special Leave to Appeal (C) No. 10722/2022

(Arising out of impugned final judgment and order dated 16-09-2021


in AP No. 353/2020 passed by the High Court at Calcutta)

M/S TANTIA CONSTRUCTIONS LIMITED Petitioner(s)

VERSUS

UNION OF INDIA Respondent(s)

(FOR ADMISSION and I.R. )

Date : 15-07-2022 This petition was called on for hearing today.

CORAM :
HON'BLE MR. JUSTICE M.R. SHAH
HON'BLE MRS. JUSTICE B.V. NAGARATHNA

For Petitioner(s) Mr. Debal Banerjee, Sr. Adv.


Mr. R.N. Ghose, Adv.
Mr. Santanu Ghosh, Adv.
Mr. Nikhil Jain, AOR

For Respondent(s)

UPON hearing the counsel the Court made the following


O R D E R

Having heard the learned counsel for the petitioner, we

are of the firm opinion that there cannot be two arbitration

proceedings with respect to the same contract/transaction. It is

not in dispute that in the present case, earlier the dispute was

referred to arbitration and the Arbitrator passed an award on

whatever the claims were made. Thereafter, a fresh arbitration

proceeding was sought to be initiated with respect to some further

claims, may be after final bill. The same is rightly refused to be


Signature Not Verified

Digitally signed by R
Natarajan
Date: 2022.07.18

referred
17:26:41 IST
Reason: to arbitration in exercise of Section 11(6) of the

Arbitration and Conciliation Act, 1996. We are in complete

contd..
- 2 -

agreement with the view taken by the High Court.

With this, the Special Leave Petition stands dismissed.

Pending application(s), if any, shall stand disposed of.

(NEETU SACHDEVA) (NISHA TRIPATHI)


ASTT. REGISTRAR-cum-PS ASSISTANT REGISTRAR

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