J.K JAIN AND ORS. versus DELHI DEVELOPMENT AUTHORITY AND ORS.

J.K JAIN AND ORS. versus DELHI DEVELOPMENT AUTHORITY AND ORS.

Since both parties signed the tender form and the formal agreement stated that the terms in the tender form were binding, Clause 14 (arbitration clause) was incorporated and disputes are referable to arbitration. Mere denial does not deprive the arbitrator of jurisdiction when the parties have contractually agreed to arbitration.

Parties
Appellant: J.K. Jain and Ors.; Respondent: Delhi Development Authority and Ors.
Jurisdiction
India
Judgment Date
26 September 1995
Procedural Posture
Civil Appeal / Supreme Court Final Appeal
Outcome
Appeal dismissed
Legal Topics
Arbitration Agreement, Tender Contract, Incorporation of Terms by Reference
Arbitration Contract Law Arbitration Agreement Tender Contract Incorporation of Terms by Reference

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Parties

J.K. Jain and Ors.

Appellant

Delhi Development Authority and Ors.

Respondent

Procedural Posture

Civil Appeal / Supreme Court Final Appeal

Legal Issues

  1. 1 Whether Clause 14 containing the arbitration agreement in the tender form is binding and forms part of the contract between the parties
  2. 2 Whether disputes between the parties were properly referable to arbitration in terms of the executed agreement

Ratio Decidendi

Since both parties signed the tender form and the formal agreement stated that the terms in the tender form were binding, Clause 14 (arbitration clause) was incorporated and disputes are referable to arbitration. Mere denial does not deprive the arbitrator of jurisdiction when the parties have contractually agreed to arbitration.

Court Disposition

Appeal dismissed

Orders

  • No order as to costs