LAWS(SC)-2017-9-104

M/S PILE ENGINEERING INDIA (P) LTD. THR. ITS M.D. MANORANJAN KUMAR SINHA Vs. BIHAR RAJYA PUL NIRMAN NIGAM LTD.

Decided On September 18, 2017
M/S Pile Engineering India (P) Ltd. Thr. Its M.D. Manoranjan Kumar Sinha Appellant
V/S
BIHAR RAJYA PUL NIRMAN NIGAM LTD. Respondents

JUDGEMENT

(1.) Leave granted.

(2.) Heard the learned counsel appearing for the parties.

(3.) This matter has a somewhat chequered history. In that an award that was passed on 25.07.2004 for a sum of Rs. 12,09,000/- was upheld by a learned Single Judge of the Patna High Court on 16.02.2012. However, in an appeal to this Court, this Court by an order dated 12.09.2013, remanded the matter to decide whether there was an arbitration clause in point of fact between the parties. On remand, the impugned judgment dated 16.04.2014 has held that Clause 23 of the Agreement between the parties dated 12.10.1999 did not amount to an arbitration clause.