https://www.taxtmi.com/caselaws?id=376579 A contractual term imposed by a State instrumentality may be struck down under Article 14 if it is per se arbitrary, disproportionate, and lacks a rational nexus with its stated object, even in a tender setting. A blanket pre-deposit of 10% of the claimed amount as a condition to invoke arbitration was found excessive because frivolous claims can already be controlled through adjudication and costs, while the deposit burdened access to arbitration and could operate unfairly even where a claim succeeded only in part. The clause was therefore held violative of Article 14 and invalidated. en-us Mon, 11 Mar 2019 00:00:00 +0530 Tue, 05 May 2026 18:12:00 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=376579 A contractual term imposed by a State instrumentality may be struck down under Article 14 if it is per se arbitrary, disproportionate, and lacks a rational nexus with its stated object, even in a tender setting. A blanket pre-deposit of 10% of the claimed amount as a condition to invoke arbitration was found excessive because frivolous claims can already be controlled through adjudication and costs, while the deposit burdened access to arbitration and could operate unfairly even where a claim succeeded only in part. The clause was therefore held violative of Article 14 and invalidated. Case-Laws Indian Laws Mon, 11 Mar 2019 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=376579