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august 2008

Supreme Court of India · 2008-08-25

PUNJAB AGRO INDUSTRIES CORPN. LTD. vs KEWAL SINGH DHILLON

Citation / case number
SC 2006/32911
Court
Supreme Court of India
Petitioner
PUNJAB AGRO INDUSTRIES CORPN. LTD.
Respondent
KEWAL SINGH DHILLON
Author
R.V.RAVEENDRAN
Bench
R.V. RAVEENDRAN,P. SATHASIVAM, , ,

Judgment text excerpt

The Supreme Court held that the High Court's dismissal of the writ petition under Article 227 challenging the order of the Civil Judge regarding the appointment of an arbitrator was incorrect. The Court clarified that the decision in S.B.P. & Co. Vs. Patel Engineering Ltd. does not preclude the maintainability of a writ petition in such circumstances. The Court emphasized that the appointment of an arbitrator under Section 11(4) of the Arbitration and Conciliation Act, 1996 is a judicial function and can be subject to judicial review, thereby allowing the appellant to seek appropriate remedies under the law.

PUNJAB AGRO INDUSTRIES CORPN. LTD. vs KEWAL SINGH DHILLON · Niyam