Case Note & Summary
The case involved an appeal by the State of West Bengal against Saha & Co concerning an arbitrable dispute related to the acceptance of the final measurement in the Ninth Running Account Bill. The Supreme Court noted that the Division Bench of the High Court had not addressed the specific ground raised in the appeal memo, which asserted that no arbitrable dispute remained after the acceptance of the final measurement. The court emphasized the importance of addressing all grounds mentioned in the appeal. Consequently, the Supreme Court allowed the appeal, set aside the High Court's order, and remanded the matter for fresh consideration, instructing the High Court to deal with all grounds raised in the memorandum of appeal. The appellant was permitted to seek an interim order from the High Court.
Headnote
A) Arbitration - Arbitrable Dispute - Acceptance of Final Measurement - Civil Appeal No. 3763 of 2002 - The court found that the acceptance of the final measurement in the Ninth Running Account Bill negated any arbitrable dispute between the parties, which was not addressed by the High Court. The appeal was allowed, and the matter was remanded for fresh consideration of all grounds raised in the appeal memo. Held that the High Court must address the specific grounds raised (Paras 1-2).
Issue of Consideration
Whether the acceptance of the final measurement in the Ninth Running Account Bill precludes any arbitrable dispute between the parties.
Final Decision
The Supreme Court allowed the appeal, set aside the impugned order of the High Court, and remanded the matter for fresh consideration of all grounds raised in the appeal memo.
Law Points
- Arbitration
- Final Measurement
- Appeal Memo
- High Court Jurisdiction
