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october 2004

Supreme Court of India · 2004-10-15

Travancore Devaswom Board vs Panchami Pack Pvt. Ltd.

Citation / case number
AIRONLINE 2004 SC 571
Court
Supreme Court of India
Petitioner
Travancore Devaswom Board
Respondent
Panchami Pack Pvt. Ltd.
Bench
Ruma Pal, P.K. Balasubramanyan

Judgment text excerpt

The Supreme Court held that the High Court's order appointing an Arbitrator under the Arbitration and Conciliation Act, 1996 was unsustainable due to the absence of a written arbitration agreement as mandated by Section 7(4). The Court emphasized that mere participation in arbitration proceedings does not confer jurisdiction if no valid agreement exists. Consequently, the Court set aside the High Court's order and ruled that the appellant could challenge the Arbitrator's jurisdiction despite having participated in preliminary sittings.

Travancore Devaswom Board vs Panchami Pack Pvt. Ltd. · Niyam