Supreme Court of India · 2008-09-11
Union Of India & Ors vs M/S Talson Builders
- Citation / case number
- AIR 2009 SC (SUPP) 1132
- Court
- Supreme Court of India
- Petitioner
- Union Of India & Ors
- Respondent
- M/S Talson Builders
- Bench
- Aftab Alam, Tarun Chatterjee
Judgment text excerpt
The Supreme Court set aside the High Court's order appointing a retired Judge as Arbitrator under Section 11(6) of the Arbitration and Conciliation Act, 1996, emphasizing that the High Court failed to address objections regarding the existence of a dispute due to a full and final settlement of claims. The Court reiterated the necessity for the High Court to consider the qualifications and independence of the arbitrator as mandated by Section 11(8) of the Act. The matter was remitted to the High Court for fresh consideration of the appointment in light of the established legal principles.