Supreme Court · 2006 INSC 610 · Decided 13 September 2006
B.S.N.L. and ORS. v. M/S. Subash Chandra Kanchan and ANR.
- Court
- Supreme Court of India
- Citation
- 2006 INSC 610 · [2006] SUPP. 6 S.C.R. 93
- Case number
- CIVIL APPEAL No. 4109/2006
- Decided
- 13 September 2006
- Bench
- S.B. SINHA, DALVEER BHANDARI (2-judge bench)
- Case type
- Civil
- Acts & sections cited
- CPC; Arbitration Act Section 11
Headnote
B Arbitration and Co11ci1iation Act, 1996-,Section I I-Appointment of arbitrator-Disputes out of works contract-Contract contained arbitration clause-lnspite of notice by Respondent, Appeilant did not appoint Arbitrator C in terms of the arbitration clause-Respondent filed application u/S. I I on Appointment challenged by Appellant-Held: Challenge not maintainable-­ Consent of Appellant's Advocate is binding on Appellant~Appellant evidently waived its right under the arbitration clause by consenting to appointment by High Court~incelegal right was waived, enforcement thereof
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