Supreme Court · 2010 INSC 8 · Decided 5 January 2010

Vijay Kumar Sharma @ Manju v. Raghunandan Sharma @ Baburam & ORS.

Court
Supreme Court of India
Citation
2010 INSC 8 · [2010] 1 S.C.R. 582
Case number
CIVIL APPEAL No. 89/2010
Decided
5 January 2010
Bench
R.V. RAVEENDRAN, K.S. RADHAKRISHNAN (2-judge bench)
Outcome
Appeal(s) allowed
Case type
Civil
Acts & sections cited
CPC; Arbitration Act Section 8

Headnote

Arbitration and Conciliation Act, 1996: c ss. 8(1), (3), 11 and 15(2) - Appointment of arbitrator pending appeal filed against dismissal of suit under Or. 7, r. 11 CPC read withs. 8(1) of the Act- HELD: An application uls 11 or s. 15(2) of the Act, for appointment of an arbitrator, will not of an application uls 8 in any suit, 0 nor will the Designate of the Chief Justice be precluded from considering and disposing of an application uls 11 or s. 15(2) - Thus, if an arbitrator is appointed by the Designate of the Chief Justice u/s 11, nothing prevents the arbitrator from

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