VidhiSangh

Supreme Court of India · 05/01/2026

M/S BHAGHEERATHA ENGINEERING LTD. versus STATE OF KERALA

[2026] 1 S.C.R. 303 · 2026 INSC 4

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Summary

The Court restored an arbitral award in the contractor's favour, which the High Court had set aside on the view that the tribunal, constituted on the State's notice about one dispute, could not decide the contractor's other disputes for want of its own Section 21 notice. Section 21 only fixes when arbitration commences for limitation purposes and does not confine the tribunal's jurisdiction. The arbitration clause was wide, and by its conduct the State had thrown all the disputes open before the tribunal.

Issues

  1. Whether the High Court was right that the Arbitral Tribunal was constituted at the State's request to decide only dispute No. 1.
  2. Whether the appellant's failure to issue its own notice under Section 21 of the Arbitration and Conciliation Act, 1996 barred it from pursuing disputes Nos. 2 to 4 before the tribunal.
  3. Whether the State could rely on the contractual time limits in the multi-tier dispute clauses to confine the arbitration.

Provisions considered

Held

Result

Appeal allowed; the High Court's judgment set aside and the arbitral award dated 29.06.2006 upheld in its entirety. No order as to costs.

Judgment PDF: Supreme Court of India, [2026] 1 S.C.R. 303.