Supreme Court · 2004 INSC 632 · Decided 2 November 2004
Dharma Prathishthanam v. M/S. Madhok Construction PVT. LTD.
- Court
- Supreme Court of India
- Citation
- 2004 INSC 632 · [2004] SUPP. 5 S.C.R. 866
- Case number
- CIVIL APPEAL No. 7140/2004
- Decided
- 2 November 2004
- Bench
- R.C. LAHOTI, G.P. MATHUR, P.P. NAOLEKAR (3-judge bench)
- Outcome
- Leave Granted & Allowed
- Case type
- Civil
- Acts & sections cited
- Arbitration Act Section 2, 3, 8, 9, 14, 17, 20, 30; Limitation Act
Headnote
Arbitration Act, 1940; Ss. 2, 3, 8, 9, 14, 17, 20 and 30: Appointment of an Arbitrator-Requirements of-Award-Validity of- C Held: Arbitration refers to private adjudication of disputes referred to Arbitrator/Arbitrators chosen by parties consensually-Jn case, one party does not give consent for party could seek the appointment from the Court--Since the respondent did not follow the correct procedure and methodology by p appointing the arbitrator and referring the disputes unilaterally, Award void ab initio-Limitation Act, 1963; Article l 19(b). E Appointment of Arbitrator and
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