Supreme Court of India · 2002-04-11
Learonal And Anr. vs R.B. Business Promotions Pvt. Ltd. And ...
- Citation / case number
- AIRONLINE 2002 SC 503
- Court
- Supreme Court of India
- Petitioner
- Learonal And Anr.
- Respondent
- R.B. Business Promotions Pvt. Ltd. And ...
- Bench
- R.C. Lahoti, B.N. Agrawal
Judgment text excerpt
The Supreme Court granted leave and set aside the Delhi High Court's order rejecting the appellants' application under Section 8 of the Arbitration & Conciliation Act, 1996, holding that the correct provision applicable was Section 45 due to the existence of an international arbitration agreement. The Court emphasized that the judicial authority's powers under Section 45 differ from those under Section 8, and the misapplication of law resulted in a failure of justice. The matter was remitted to the High Court for fresh consideration under the correct statutory provision, allowing both parties to supplement their submissions accordingly.