Supreme Court of India · 2009-02-17
DEEPAK KUMAR BANSAL vs UNION OF INDIA
- Citation / case number
- SC 2007/24779
- Court
- Supreme Court of India
- Petitioner
- DEEPAK KUMAR BANSAL
- Respondent
- UNION OF INDIA
- Author
- TARUN CHATTERJEE
- Bench
- TARUN CHATTERJEE,V.S. SIRPURKAR, , ,
Judgment text excerpt
The Supreme Court examined the rejection of an application under Section 11(6) of the Arbitration and Conciliation Act, 1996, which sought the appointment of an arbitrator due to disputes arising from a construction contract. The Court emphasized that the arbitration clause in Clause 64 of the agreement mandates a written demand for arbitration after a specified period of non-decision by the Railway. The Court held that the High Court's dismissal was incorrect, as the appellant had fulfilled the necessary procedural requirements for arbitration, thus allowing the appeal and directing the appointment of an arbitrator.