Case Name : State of Gujarat through Chief Secretary & Anr vs Amber Builders
Case Reference: (2020) 1 SCR 779 :
Neutral Citation:
Case Number: CA 8307/2019
Court: Supreme Court
Bench: 02
Coram: Deepak Gupta (Author), Aniruddha Bose
Date: 08.01.2020
Part I of A&C Act to apply to all arbitrations even if carried out under other enactments
Part I applies to the extent that it is not inconsistent with the other enactment. (Para 15) If there is any departure from Part I, then the portion in the special enactment will prevail.
Judgments held per incurium on Government’s power to withhold money to contractors pending crystallisation or adjudication
Gangotri Enterprises Ltd vs Union of India relied on Union of India vs Raman Iron Foundry; since the latter has been expressly overruled, Gangotri Enterprises Ltd vs Union of India is per incurium (Para 20) Union of India vs Raman Iron Foundry overruled by 03-Judge Bench in HM Kamaluddin Ansari vs Union of India
– Refer also: Gangotri Enterprises Ltd vs Union of India, (2016) 11 SCC 720 Union of India vs Raman Iron Foundry, (1974) 2 SCC 231 HM Kamaluddin Ansari vs Union of India, (1983) 4 SCC 417, (1983) 3 SCR 607 (Para 22) - The court never passes an order for the fun of passing it, it is passed only for the purpose of being carried out. (Para 31) An injunction order restraining withholding of amounts virtually amounts to a direction to pay the same; See also: Section 2(1)(e)(i) Section 2(2) Section 2(4) A&C Act, 1996 - Section 17 A&C Act, 1996 - Section 31
PDF: State of Gujarat vs Amber Builders, (2020) 1 SCR 779.pdf