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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 CORP..

Citation / case number
SC 2007/4782
Court
Supreme Court of India
Petitioner
M/S ARVIND CONSTRUCTIONS CO.PVT.LTD.
Respondent
M/S KALINGA MINING CORP..
Author
P.K. BALASUBRAMANYAN TARUN CHATTERJEE
Bench
P.K. BALASUBRAMANYAN TARUN CHATTERJEE

Judgment text excerpt

The Supreme Court addressed the arbitration proceedings under the Arbitration and Conciliation Act, 1996, specifically Section 11(4)(b) and Section 9. The Court held that the appellant-company was entitled to seek the appointment of a third arbitrator due to the respondent firm's failure to adhere to the agreed arbitration procedure. The Court also affirmed the appellant's right to seek interim relief to continue mining operations, emphasizing that the agency agreement's validity was linked to the subsistence of the mining leases.

M/S ARVIND CONSTRUCTIONS CO.PVT.LTD. vs M/S KALINGA MINING CORP.. · Niyam