Supreme Court · 2002 INSC 96 · Decided 21 February 2002

Inder Sain Mittal v. Housing Board Haryana and ORS.

Court
Supreme Court of India
Citation
2002 INSC 96 · [2002] 2 S.C.R. 5
Case number
CIVIL APPEAL No. 1398/2002
Decided
21 February 2002
Bench
M.B. SHAH, B.N. AGRAWAL (2-judge bench)
Outcome
Appeal(s) allowed
Case type
Civil
Acts & sections cited
Arbitration Act Section 30

Headnote

B Arbitration Act, J 940: Sections 30 and J 4(2)-Dispute between parties-Appointment of Arbitrator-Appointed Arbitrator transferred-However, he continued with C the proceedings and passed an award-Parties participated in arbitration proceedings without any protest-Party against whom award passed should have taken over the proceedings and passed award-Right to objection whether merits consideration-Held, such a case is not in disregard of any D provisions of law but breach of agreement-Thus by their conduct parties would be deemed to have waived their right to challenge validity of

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