Supreme Court of India · 2011-07-04
M/S Khiviraj Motors vs M/S The Guanellian Society
- Citation / case number
- AIR 2011 SUPREME COURT 2826
- Court
- Supreme Court of India
- Petitioner
- M/S Khiviraj Motors
- Respondent
- M/S The Guanellian Society
- Author
- R.V.Raveendran
- Bench
- A K Patnaik, R V Raveendran
Judgment text excerpt
The Supreme Court held that the appointment of an arbitrator under Section 11 of the Arbitration and Conciliation Act, 1996 is maintainable even if the joint development agreement was executed by an individual in a representative capacity, provided the society is deemed a party to the agreement. The Court emphasized that the arbitration clause can be invoked by the society despite the appellant's claims of lack of privity of contract. The Court upheld the High Court's decision to appoint an arbitrator, affirming the validity of the arbitration agreement.