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february 2009

Supreme Court of India · 2009-02-17

Deepak Kumar Bansal vs Union Of India & Anr

Citation / case number
AIRONLINE 2009 SC 98
Court
Supreme Court of India
Petitioner
Deepak Kumar Bansal
Respondent
Union Of India & Anr
Author
Tarun Chatterjee
Bench
V.S. Sirpurkar, Tarun Chatterjee

Judgment text excerpt

The Supreme Court held that under Section 11(6) of the Arbitration and Conciliation Act, 1996, a party can seek the appointment of an arbitrator when the other party fails to do so as per the arbitration clause in the contract. The Court emphasized that the arbitration clause must be adhered to, and the failure to appoint an arbitrator by the respondent constituted a valid ground for the appellant's application. The Court overturned the High Court's rejection of the application, thereby directing the appointment of an arbitrator to resolve the disputes arising from the contract.

Deepak Kumar Bansal vs Union Of India & Anr · Niyam