Supreme Court of India · 2005-03-11
SHANMUGHASUNDARAM vs DIRAVIA NADAR (DEAD)BY LRS.
- Citation / case number
- SC 1998/15144
- Court
- Supreme Court of India
- Petitioner
- SHANMUGHASUNDARAM
- Respondent
- DIRAVIA NADAR (DEAD)BY LRS.
- Author
- Dharmadhikari
- Bench
- G.P. MATHUR D.M. DHARMADHIKARI
Judgment text excerpt
The Supreme Court addressed the issue of substituting a deceased arbitrator under the Arbitration Act, 1940, specifically examining the validity of the arbitration agreement and the enforceability of the award. The Court held that the civil court's prior decision to set aside the award was justified due to violations of natural justice and the lack of participation from all parties with a stake in the property. Consequently, the Supreme Court upheld the civil court's order and affirmed the need for a complete panel of arbitrators to ensure fair arbitration proceedings.