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september 2008

Supreme Court of India · 2008-09-11

UNION OF INDIA vs M/S TALSON BUILDERS

Citation / case number
SC 2007/5606
Court
Supreme Court of India
Petitioner
UNION OF INDIA
Respondent
M/S TALSON BUILDERS
Author
TARUN CHATTERJEE,AFTAB ALAM, , ,
Bench
TARUN CHATTERJEE,AFTAB ALAM, , ,

Judgment text excerpt

The Supreme Court held that the High Court's appointment of an arbitrator under Section 11(6) of the Arbitration and Conciliation Act, 1996 was improper as it failed to address objections regarding the existence of a dispute due to a full and final settlement of claims. The Court emphasized that the High Court must consider the qualifications and independence of the arbitrator as per Section 11(8) before making an appointment. Consequently, the Supreme Court set aside the High Court's order and remitted the matter for fresh consideration of the dispute.

UNION OF INDIA vs M/S TALSON BUILDERS · Niyam