Supreme Court of India · 2003-08-19
Garg Trading Co. vs Union Of India (Uoi)
- Citation / case number
- AIRONLINE 2003 SC 669
- Court
- Supreme Court of India
- Petitioner
- Garg Trading Co.
- Respondent
- Union Of India (Uoi)
- Bench
- V.N. Khare, H.K. Sema, S.B. Sinha
Judgment text excerpt
The appellant challenged a High Court order that rejected an appeal against the refusal to appoint an arbitrator on grounds of limitation. The Supreme Court analyzed Section 39 of the Arbitration Act, 1940, specifically clause (iv) regarding the filing or refusing to file an arbitration agreement. The Court found the High Court's view on maintainability to be patently erroneous, affirming that such orders are appealable under the Act.