Neycer India Ltd. vs Gmb Ceramics Ltd.

The Supreme Court upheld the decision of the Calcutta High Court regarding the appointment of an umpire under Section 41 of the Arbitration Act, stating that the issue of jurisdiction had been previously decided and could not be re-litigated. The Court emphasized that the dismissal of the special leave petition in limine did not constitute res judicata, but the appellant's failure to challenge the Madras High Court's rejection of their application barred them from raising the jurisdiction issue again. The appeal was dismissed, directing the Calcutta High Court to expedite the pending arbitration application.