Niyam v2 is live — start for just ₹100 — 200 credits to try

august 2009

Supreme Court of India · 2009-08-04

UNION OF INDIA vs M/S PREMIER FILES LTD.

Citation / case number
SC 2008/17857
Court
Supreme Court of India
Petitioner
UNION OF INDIA
Respondent
M/S PREMIER FILES LTD.
Author
TARUN CHATTERJEE

Judgment text excerpt

The Supreme Court held that the appointment of a lawyer Arbitrator by the High Court violated clause 25 of the arbitration agreement, which mandated that the Arbitrator be appointed by the competent authority. The Court noted that an Arbitrator had already been appointed by the competent authority prior to the High Court's order, making the latter's appointment unjustified. Consequently, the Court set aside the High Court's order and restored the appointment of Shri S.C.Padhi as the sole Arbitrator, directing him to pass a reasoned award within six months as per the Arbitration and Conciliation Act, 1996, specifically under Section 11(6).

UNION OF INDIA vs M/S PREMIER FILES LTD. · Niyam