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may 2007

Supreme Court of India · 2007-05-17

M/S Arvind Constructions Co. Pvt. Ltd vs M/S Kalinga Mining Corporation & Ors

Citation / case number
AIR 2007 SUPREME COURT 2144
Court
Supreme Court of India
Petitioner
M/S Arvind Constructions Co. Pvt. Ltd
Respondent
M/S Kalinga Mining Corporation & Ors
Author
P.K. Balasubramanyan
Bench
Tarun Chatterjee, P.K. Balasubramanyan

Judgment text excerpt

The Supreme Court held that under Section 11(4)(b) of the Arbitration and Conciliation Act, 1996, the Chief Justice has the authority to appoint an arbitrator when parties fail to act in accordance with the arbitration agreement. The Court emphasized that the arbitration clause must be honored and that the appellant was entitled to seek interim relief under Section 9 to continue mining operations pending arbitration. The Court ruled in favor of the appellant, allowing the continuation of mining operations and restraining the respondent from interference.

M/S Arvind Constructions Co. Pvt. Ltd vs M/S Kalinga Mining Corporation & Ors · Niyam