Supreme Court of India · 1991-03-13
R. MCDILL AND COMPANY PVT. LTD. vs GOURI SHANKAR SARDA AND OTHERS
- Citation / case number
- SC 1974/60459
- Court
- Supreme Court of India
- Petitioner
- R. MCDILL AND COMPANY PVT. LTD.
- Respondent
- GOURI SHANKAR SARDA AND OTHERS
- Author
- N.M. KASLIWAL
- Bench
- N.M. KASLIWAL
Judgment text excerpt
The Supreme Court held that Section 41 of the Arbitration Act, 1940 allows the application of the Code of Civil Procedure, 1908 to proceedings under Section 34 of the Arbitration Act. The Court clarified that there is no provision in the Arbitration Act that excludes Order XIII of the CPC from being applied to such applications. The High Court's dismissal of the applications was overturned, affirming that the appellants' separate applications were maintainable as they were filed within the stipulated time and were based on different agreements, thus allowing the appeals.