Case Law Details
Case Name : Union of India & Ors. Vs. M/s. Master Construction Co. (Supreme Court of India)
Related Assessment Year :
Courts :
Supreme Court of India
Union of India & Ors. Vs. M/s. Master Construction Co. (Supreme Court) – If a contractor alleges that he had signed a ‘no-claim’ certificate on the work done by him was under fraud, duress or undue influence, he must show evidence before the dispute is sent for arbitration. A bald allegation of duress will not do, the Supreme Court has stated in the judgment, Union of India vs Master Construction Company. In such cases the Chief Justice/his designate must look into this aspect to find out at least, prima facie, whether or not the dispute is bona fide and genuine.
Where the disput...
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The apex court had rightly observed that many a times an innocent party is burdened with the costs of arbitration and the cost runs to six or seven digits. The apex court should also note there are flow backs and arbitrators appointed are not above board. Many arbitrators look for comforts which they do not normally enjoy otherwise and many a time the high courts nominate only their past masters for variety of reasons.