Niyam v2 is live — start for just ₹100 — 200 credits to try

march 1991

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.

R. MCDILL AND COMPANY PVT. LTD. vs GOURI SHANKAR SARDA AND OTHERS · Niyam