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august 2009

Supreme Court of India · 2009-08-04

Union Of India vs M/S Premier Files Ltd

Citation / case number
AIRONLINE 2009 SC 220
Court
Supreme Court of India
Petitioner
Union Of India
Respondent
M/S Premier Files Ltd
Author
Tarun Chatterjee
Bench
R.M.Lodha, Tarun Chatterjee

Judgment text excerpt

The Supreme Court held that the appointment of a lawyer Arbitrator by the High Court under Section 11(6) of the Arbitration and Conciliation Act, 1996 was in violation of the arbitration agreement's clause 25, which mandates that the Arbitrator must be appointed by the competent authority. The Court restored the appointment of Shri S.C.Padhi as the sole Arbitrator, emphasizing that the competent authority's prior appointment should be honored. Consequently, the appeal was allowed, and the High Court's order was set aside, rejecting the respondent's application under Section 11(6).

Union Of India vs M/S Premier Files Ltd · Niyam