Supreme Court of India · 2007-09-28
UTKAL GALVANIZERS LTD. vs ORISSA HYDRO POWER CORPN.LTD. .
- Citation / case number
- SC 2006/1061
- Court
- Supreme Court of India
- Petitioner
- UTKAL GALVANIZERS LTD.
- Respondent
- ORISSA HYDRO POWER CORPN.LTD. .
- 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 as a party respondent to address the existence of the Arbitration Tribunal in Bhubaneshwar. The Court directed that the appellant must furnish a security deposit as stipulated in Clause 3.39(f) of the General Conditions of Contract before the arbitration can proceed, thereby facilitating the resolution of disputes between the parties.