M/S. Shree Vishnu Constructions vs. The Engineer in Chief Military Engineering Service & Ors.
[2023] 5 S.C.R. 327; 2023 INSC 508
Coram: Hon’ble Justice M.R. Shah & Hon’ble Justice C.T. Ravikumar
Forum: Hon’ble Supreme Court of India
Case No.: Civil Appeal No. 3461 of 2023 @ SLP (C) No. 5306 of 2022
Date of Decision: May 09, 2023
Conclusion

Facts/Background:
- The Appellant was M/s Shree Vishnu Constructions, a construction company that performed contractual work, including alterations and repairs at military installations.
- The Respondents were the Engineer in Chief Military Engineering Service and ors.
- The Appellant executed a contract for alterations to the Senior Non-Commissioned Officers mess and other repairs at the Air Force Academy, Hyderabad. After receiving payment for the final bill on 29.04.2013 and issuing a "no further claim" certificate, the Appellant invoked the arbitration clause on 20.12.2013, alleging disputes over the settlement.
- The Appellant filed an application under Section 11(6) of the Arbitration and Conciliation Act, 1996, before the Telangana High Court on 27.04.2016, seeking the appointment of an arbitrator.
- The High Court dismissed the application, citing "accord and satisfaction" due to the Appellant's acceptance of the final settlement and issuance of a "no further claim" certificate. It also held that the Arbitration and Conciliation (Amendment) Act, 2015 was inapplicable as proceedings were invoked earlier.
- Aggrieved by the High Court's decision, the appeal was raised before the present court.
Main Issue:
- Whether, in arbitration proceedings where the notice invoking arbitration was issued before the Amendment Act, 2015, the pre-Amendment Act or the Amendment Act, 2015 would be applicable? (Paragraph 6)
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