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november 2007

Supreme Court of India · 2007-11-23

Rameshwar Das Agrawal & Anr vs Kiran Agrawal & Ors

Citation / case number
AIR 2008 SUPREME COURT 953
Court
Supreme Court of India
Petitioner
Rameshwar Das Agrawal & Anr
Respondent
Kiran Agrawal & Ors
Author
P. Sathasivam
Bench
G.P. Mathur, P. Sathasivam

Judgment text excerpt

The Supreme Court held that the appointment of an arbitrator under Section 11 of the Arbitration and Conciliation Act, 1996 must be a reasoned decision, as established in SBP & Co. vs. Patel Engineering Ltd. (2005) 8 SCC 618. The Court found that the High Court's order appointing an arbitrator without verifying service of notice on all parties was unsustainable. Consequently, the Supreme Court set aside the High Court's order and remanded the matter for reconsideration with proper adherence to procedural requirements.

Rameshwar Das Agrawal & Anr vs Kiran Agrawal & Ors · Niyam