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Supreme Court of India 2021-11-18 disposed

Narinder Singh and Sons vs Union of India through Divisional Superintendent Engineer–II, Northern Railway, Ferozepur Division, Ferozepur

Bench: 2 — Sanjiv Khanna

In Brief

Narinder Singh and Sons, awarded a contract for an additional railway washing line by the Northern Railway, had it terminated for alleged non-performance in 1996. After invoking arbitration, the appointed arbitrator issued an ex parte award favouring the contractor. The High Court set it aside for violation of natural justice, noting the arbitrator denied the Railway adequate opportunity to file evidence and cross-examine witnesses. The Supreme Court agreed the award violated Section 18 of the Arbitration Act, 1996, and appointed a retired High Court Judge as a new arbitrator to decide the remanded disputes fairly, while leaving questions of pre-reference and pendente lite interest open.",

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Arbitration Natural Justice Contract Disputes Railway Contracts Award Setting Aside Procedural Fairness

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