M/S. SATHYANARAYAN BROTHERS (P) LTD. versus TAMIL NADU WATER SUPPLY & DRAINAGE BOARD

M/S. SATHYANARAYAN BROTHERS (P) LTD. versus TAMIL NADU WATER SUPPLY & DRAINAGE BOARD

Perusal of contents of relevant documents could not be denied even on grounds of confidentiality. Non-production of such a document vitiated the award. The Division Bench's reversal of the Single Judge's finding was unsustainable, and matter required reconsideration in light of the 'handing over note' and other relevant documents.

Parties
Appellant Contractor: MIS. SA THYANARA YAN BROTHERS (P) LTD.; Respondent Board: TAMIL NADU WATER SUPPLY & DRAINAGE BOARD
Jurisdiction
India
Judgment Date
18 November 2003
Procedural Posture
Civil Appeal / Appeal From Division Bench of High Court
Outcome
Appeals allowed. Order of Division Bench of High Court set aside. Matter remitted for fresh decision.
Legal Topics
Arbitration Award Challenge, Production of Documents in Arbitration, Work Contract Delays, Foreign Exchange Clearance Obligations
Arbitration Contracts Arbitration Award Challenge Production of Documents in Arbitration Work Contract Delays Foreign Exchange Clearance Obligations

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Parties

MIS. SA THYANARA YAN BROTHERS (P) LTD.

Appellant Contractor

TAMIL NADU WATER SUPPLY & DRAINAGE BOARD

Respondent Board

Procedural Posture

Civil Appeal / Appeal From Division Bench of High Court

Legal Issues

  1. 1 Whether Government of Tamil Nadu was obliged under the contract to arrange foreign exchange clearance for the contractor
  2. 2 Whether non-production of relevant documents by the Board vitiated the arbitration award
  3. 3 Whether the contractor committed breach by stopping work

Ratio Decidendi

Perusal of contents of relevant documents could not be denied even on grounds of confidentiality. Non-production of such a document vitiated the award. The Division Bench's reversal of the Single Judge's finding was unsustainable, and matter required reconsideration in light of the 'handing over note' and other relevant documents.

Court Disposition

Appeals allowed. Order of Division Bench of High Court set aside. Matter remitted for fresh decision.

Orders

  • Matter remitted to Division Bench of High Court for reconsideration in light of 'handing over note' and other relevant documents.
  • Costs easy.