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april 2009

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.

P. Shailaja & Ors vs M. Narender Reddy & Ors · Niyam