Supreme Court · 2022 INSC 1049 · Decided 30 September 2022

M/S. Emaar India LTD. v. Tarun Aggarwal Projects LLP & ANR.

Court
Supreme Court of India
Citation
2022 INSC 1049 · [2022] 13 S.C.R. 933
Case number
CIVIL APPEAL No. 6774/2022
Decided
30 September 2022
Bench
M.R. SHAH, KRISHNA MURARI (2-judge bench)
Outcome
Appeal(s) allowed
Case type
Civil
Acts & sections cited
Arbitration Act Section 11(6)

Headnote

Arbitration and Conciliation Act, 1996 - s.11(6) - Appointment of arbitrator - Feeling aggrieved and dissatisfied with the impugned judgment and order passed by the High Court allowing the application u/ss. 11(5) & (6) and appointing the arbitrators with respect to the the original applicant- respondent has preferred the instant appeal - Held: When a specific plea was taken that the dispute falls within Clause 36 of the Addendum agreement and not under Clause 37 and therefore, the dispute is not arbitrable, the High Court was at least required to

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