Supreme Court of India · 2009-12-11
Bharat Sanchar Nigam Ltd. & Anr vs Dhanurdhar Champatiray
- Citation / case number
- AIR 2010 SC (SUPP) 330
- Court
- Supreme Court of India
- Petitioner
- Bharat Sanchar Nigam Ltd. & Anr
- Respondent
- Dhanurdhar Champatiray
- Author
- Tarun Chatterjee
- Bench
- Aftab Alam, Tarun Chatterjee
Judgment text excerpt
The Supreme Court held that the High Court's appointment of an arbitrator under Section 11(6) of the Arbitration and Conciliation Act, 2006 was valid despite the prior appointment of an arbitrator by the Chief Engineer of BSNL. The Court emphasized that the arbitration clause in the contract allowed for the appointment of a sole arbitrator by the Chief Engineer, but the failure to respond to the respondent's requests justified the High Court's intervention. The Court ultimately upheld the High Court's decision, affirming the appointment of Sri. Bibhudhendra Mishra as the arbitrator.