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july 1987

Supreme Court of India · 1987-07-20

PRASUN ROY vs CALCUTTA METROPOLITAN DEVELOPMENTAUTHORITY & ANR.

Citation / case number
SC 1987/71031
Court
Supreme Court of India
Petitioner
PRASUN ROY
Respondent
CALCUTTA METROPOLITAN DEVELOPMENTAUTHORITY & ANR.
Author
SABYASACHI MUKHARJI
Bench
SABYASACHI MUKHARJI

Judgment text excerpt

The Supreme Court held that under Section 20 of the Arbitration Act, 1940, a party's long participation and acquiescence in arbitration proceedings precludes them from later contesting the jurisdiction of the arbitrator. The Court emphasized the principles of waiver and estoppel, stating that a party cannot simultaneously accept the proceedings and later challenge them. The appeal was allowed, affirming the validity of the arbitrator's appointment despite the respondent's challenge after extensive participation in the arbitration process.

PRASUN ROY vs CALCUTTA METROPOLITAN DEVELOPMENTAUTHORITY & ANR. · Niyam