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).