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.