Supreme Court of India · 2009-04-30
P. Shailaja & Ors vs M. Narender Reddy & Ors
- Court
- Supreme Court of India
- Petitioner
- P. Shailaja & Ors
- Respondent
- M. Narender Reddy & Ors
- Bench
- B. Sudershan Reddy, Harjit Singh Bedi
Judgment text excerpt
The Supreme Court held that the High Court's findings regarding the validity of the arbitration agreement and the staleness of the claim were inappropriate for judicial determination, as these issues should be resolved by the arbitrator. The Court set aside the impugned order and appointed a retired judge as the sole arbitrator, clarifying that all contentions, including limitation and the stale nature of the claim, would be open for consideration in arbitration. The appeal was allowed without costs.