GENERAL MANAGER NORTHERN RAILWAYS AND ANR. versus SARVESH CHOPRA

GENERAL MANAGER NORTHERN RAILWAYS AND ANR. versus SARVESH CHOPRA

Claims covered by clauses that specifically bar their entertainment (such as 'no claim' or 'no liability' clauses) or provide for a final and binding departmental determination are 'excepted matters' and are not arbitrable. Reference to arbitration can be withheld by the court if the claim falls under excepted...

Source-derived case information.

Parties
Appellant: General Manager Northern Railways and Another; Respondent: Sarvesh Chopra
Jurisdiction
India
Judgment Date
01 March 2002
Procedural Posture
Civil Appeal / Supreme Court Appellate Decision
Outcome
appeal allowed
Legal Topics
Excepted Matters, Arbitrability of Claims, Interpretation of Arbitration Clause, Contractual Remedies
Arbitration Law Contract Law Excepted Matters Arbitrability of Claims Interpretation of Arbitration Clause Contractual Remedies

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Parties

General Manager Northern Railways and Another

Appellant

Sarvesh Chopra

Respondent

Procedural Posture

Civil Appeal / Supreme Court Appellate Decision

Legal Issues

  1. 1 Whether claims covered by 'excepted matters' under the contract can be referred to arbitration under Section 20 of the Arbitration Act, 1940
  2. 2 Criteria to determine excepted matters and arbitrability
  3. 3 Effect of absence of in-house contractual remedy on excepted matter status

Ratio Decidendi

Claims covered by clauses that specifically bar their entertainment (such as 'no claim' or 'no liability' clauses) or provide for a final and binding departmental determination are 'excepted matters' and are not arbitrable. Reference to arbitration can be withheld by the court if the claim falls under excepted matters, irrespective of the provision for in-house remedy.

Court Disposition

appeal allowed

Orders

  • Impugned decision of Division Bench of the High Court set aside
  • Single Judge decision restored