Supreme Court of India · 2007-09-28
Utkal Galvanizers Ltd vs Orissa Hydro Power Corpn. Ltd. & Ors
- Citation / case number
- AIRONLINE 2007 SC 55
- Court
- Supreme Court of India
- Petitioner
- Utkal Galvanizers Ltd
- Respondent
- Orissa Hydro Power Corpn. Ltd. & Ors
- Author
- Tarun Chatterjee
- Bench
- Tarun Chatterjee, Dalveer Bhandari
Judgment text excerpt
The Supreme Court held that under Section 11 of the Arbitration and Conciliation Act, 1996, the appointment of an arbitrator is warranted when both parties agree to arbitration. The Court emphasized the necessity of the State of Orissa's involvement in the arbitration process due to the existence of a dispute regarding the Arbitration Tribunal's status. The Court directed that notice be issued to the State of Orissa to consider the matter in its presence, thereby facilitating the arbitration process as per the contractual clause 3.39(f).