Supreme Court · 1988 INSC 251 · Decided 29 August 1988
Secretary to the Government, Transport DEPTT., Madras v. Munuswamy Mudaliar & ORS.
- Court
- Supreme Court of India
- Citation
- 1988 INSC 251 · [1988] SUPP. 2 S.C.R. 673
- Case number
- CIVIL APPEAL No. 3251/1988
- Decided
- 29 August 1988
- Bench
- SABYASACHI MUKHERJI, S. RANGANATHAN (2-judge bench)
- Outcome
- Appeal(s) allowed
- Case type
- Civil
- Acts & sections cited
- Arbitration Act Section 5
Headnote
Arbitration Act, 1940: S. 5-Chosen Arbitrator-Removal of­ Apprehension of bias-To be based on cogent materials. The dispute as to the refund of earnest money deposit to the A B c respondent-contractor was referred to an arbitrator named in the arbit­ ration clause of the agreement. The of the claim before the said arbitrator, there was succession to that office by another incumbent. The succeeding officer wanted to continue the arbiiration proceedings but before that the D respondent made an application under s. 5 of the Arbitration. Act for removal of the arbitrator on
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