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july 2011

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.

M/S Khiviraj Motors vs M/S The Guanellian Society · Niyam