Supreme Court · 2013 INSC 186 · Decided 22 March 2013

M/S. Deep Trading Company v. M/S. Indian Oil Corporation and ORS.

Court
Supreme Court of India
Citation
2013 INSC 186 · [2013] 2 S.C.R. 470
Case number
CIVIL APPEAL No. 2673/2013
Decided
22 March 2013
Bench
RAJENDRA MAL LODHA, JASTI CHELAMESWAR, MADAN B. LOKUR (3-judge bench)
Outcome
Appeal(s) allowed
Case type
Civil
Acts & sections cited
Arbitration Act Section 11(6), 11(8), 11

Headnote

ARBITRATION AND CONCILIATION ACT, 1996: ss. 11 (6) and 11 (8) - Appointment of arbitrator - Forfeiture of right of Corporation to appoint arbitrator as provided in arbitration clause of agreement - Held: Corporation has forfeited its right to appoint arbitrator - Matter Justice of High Court for consideration of application of appellant-dealer u/ss 11(6) afresh. An agreement for kerosene/LOO dealership was entered into between respondent no. 1-Corporation and the appellant-dealer. There arose a dispute between the E parties and by a notice dated 9.8.2004 the

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