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march 2007

Supreme Court of India · 2007-03-01

C.M.C. LTD. vs UNIT TRUST OF INDIA .

Citation / case number
SC 2003/26651
Court
Supreme Court of India
Petitioner
C.M.C. LTD.
Respondent
UNIT TRUST OF INDIA .
Author
V.S. SIRPURKAR P.K. BALASUBRAMANYAN
Bench
V.S. SIRPURKAR P.K. BALASUBRAMANYAN

Judgment text excerpt

The Supreme Court addressed the arbitration clause in a Technology Upgrade Agreement under Section 11(6) of the Arbitration and Conciliation Act, 1996, determining that the invocation of arbitration by the respondent was valid despite the appellant's objections regarding procedural compliance. The Court held that the Chief Justice of the High Court had the authority to appoint an arbitrator when one party fails to act in accordance with the agreed arbitration procedure. Consequently, the Court directed the appointment of an arbitrator to facilitate the arbitration process as per the Act.

C.M.C. LTD. vs UNIT TRUST OF INDIA . · Niyam