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july 2006

Supreme Court of India · 2006-07-03

Yashwith Construction P. Ltd vs Simplex Concrete Piles India Ltd. & Anr

Citation / case number
AIR 2006 SUPREME COURT 2798
Court
Supreme Court of India
Petitioner
Yashwith Construction P. Ltd
Respondent
Simplex Concrete Piles India Ltd. & Anr
Author
P.K. Balasubramanyan
Bench
P.K. Balasubramanyan, R.V. Raveendran

Judgment text excerpt

The Supreme Court upheld the decisions of the Chief Justice and the Division Bench regarding the appointment of a substitute arbitrator under Section 15(2) of the Arbitration and Conciliation Act, 1996. The Court clarified that the Managing Director had the authority to appoint a new arbitrator after the resignation of the first, as permitted by the arbitration agreement and Section 15(2). The petitioner's challenge to the appointment was dismissed, affirming that the judicial order of the Chief Justice was valid and that no writ petition lay against it under Article 136 of the Constitution of India.

Yashwith Construction P. Ltd vs Simplex Concrete Piles India Ltd. & Anr · Niyam