Supreme Court · 1993 INSC 331 · Decided 13 October 1993
State of West Bengal v. National Builders
- Court
- Supreme Court of India
- Citation
- 1993 INSC 331 · [1993] SUPP. 3 S.C.R. 251
- Case number
- CIVIL APPEAL No. 1138/1991
- Decided
- 13 October 1993
- Bench
- S. RATNAVEL PANDIAN, R.M. SAHAI, A.S. ANAND (3-judge bench)
- Outcome
- Dismissed
- Case type
- Civil
- Acts & sections cited
- Arbitration Act Section 8, 12(2), 8(1)(b)
Headnote
Arbitration Act 1940-Section 8( 1)-'Refuse/ to act-Meaning of-Held refusal of' an arbitrator to resign while not accepting the joint request of the parties to extend time for arbitration and leave it to them to decide their future course of action amounts to refusal to act by the Arbitrator. if the Arbitrator refuses to act and the agreement does not show that the parties did not intend that the vacancy should not be supplied. A dispute arose between the respondent-contractor and th'! appel­ lant-state about the settlement of a claim in respect of construction of a hospital. A
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