Supreme Court · 2009 INSC 1300 · Decided 11 December 2009

Bharat Sanchar Nigam LTD. and ANR. v. Dhanurdhar Champatiray

Court
Supreme Court of India
Citation
2009 INSC 1300 · [2009] 16 S.C.R. 398
Case number
CIVIL APPEAL No. 8230/2009
Decided
11 December 2009
Bench
TARUN CHATTERJEE, AFTAB ALAM (2-judge bench)
Outcome
Case Partly allowed
Case type
Civil
Acts & sections cited
Arbitration Act Section 11(6), 11(5)

Headnote

Arbitration and Conciliation Act, 1996: c s. 11 (6) - Appointment of arbitrator - Arbitrator not appointed within 30 days of demand - Right to make appointment of arbitrator would not be forfeited but would continue, but such right should be exercised before the other party files High Court - On facts, 0 High Court did not focus on the agreement or conditions necessary to secure appointment of independent and impartial arbitrator - Since requirement of sub-section (8) of s. 11 was not dealt with by High Court, appointment of arbitrator became vulnerable - Matter

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