Supreme Court · 2013 INSC 829 · Decided 12 December 2013
Arasmeta Captive Power Company Private Limited and Another v. Lafarge India Private Limited
- Court
- Supreme Court of India
- Citation
- 2013 INSC 829 · [2013] 17 S.C.R. 496
- Case number
- CIVIL APPEAL No. 11003/2013
- Decided
- 12 December 2013
- Bench
- ANIL R. DAVE, DIPAK MISRA (2-judge bench)
- Outcome
- Case Partly allowed
- Case type
- Civil
- Acts & sections cited
- Arbitration Act Section 11(5)
Headnote
Arbitration and Conciliation Act, 1996- ss.11 (5) and (6) C - Dispute falling in the realm of "excepted" matter - Role of Designated Judge, while dealing with an application u/ss.11(5) and (6) - Held: On facts, the Designated Judge while dealing with an raised with regard to the excepted matters, was not justified in addressing the D same on merits whether it was a dispute relating to excepted matters under the agreement in question or not - The Designated Judge fell into error by opining that the disputes raised were not "billing
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