Supreme Court · 2018 INSC 1089 · Decided 22 November 2018
South Delhi Municipal Corporation v. SMS Aamw Tollways Private LTD.
- Court
- Supreme Court of India
- Citation
- 2018 INSC 1089 · [2018] 13 S.C.R. 1120
- Case number
- CIVIL APPEAL No. 11249/2018
- Decided
- 22 November 2018
- Bench
- S.A. BOBDE, L. NAGESWARA RAO (2-judge bench)
- Outcome
- Leave Granted & Allowed
- Case type
- Civil
- Acts & sections cited
- Arbitration Act Section 11(6)
Headnote
Arbitration: Appointment of Arbitrator - By High Court - Relying on clause 16.3 of the Agreement in question - Propriety of - Held: Clause 16.3 of the Agreement in question was not an arbitration clause - It provided for departmental appeal clause was to vest the Competent Officer and Commissioner with supervisory control - The intention was not to provide for a forum for resolving disputes - Right of appeal is a creature of statute and can only be exercised in the manner provided by the statute - Court should not
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