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may 2010

Supreme Court of India · 2010-05-10

Denel(Propritary Limited) vs Bharat Electronics Ltd.& Anr

Court
Supreme Court of India
Petitioner
Denel(Propritary Limited)
Respondent
Bharat Electronics Ltd.& Anr
Author
H.L. Dattu
Bench
H.L. Dattu

Judgment text excerpt

The Supreme Court held that under Section 11(6) of the Arbitration and Conciliation Act, 1996, the appointment of an arbitrator is warranted when there is a valid arbitration agreement, as established by the arbitration clause in the purchase orders. The Court found that the refusal of the respondent to pay the petitioner was based on a directive from the Ministry of Defence, which does not negate the obligation to arbitrate disputes arising from contractual agreements. Consequently, the Court appointed a sole arbitrator to resolve the dispute between the parties.

Denel(Propritary Limited) vs Bharat Electronics Ltd.& Anr · Niyam