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january 2012

Supreme Court of India · 2012-01-09

DENEL (PROPRRIETORY LIMITED) vs GOVT.OF INDIA MIN.OF DEFENCE

Citation / case number
SC 2011/7065
Court
Supreme Court of India
Petitioner
DENEL (PROPRRIETORY LIMITED)
Respondent
GOVT.OF INDIA MIN.OF DEFENCE
Author
SURINDER SINGH NIJJAR
Bench
SURINDER SINGH NIJJAR

Judgment text excerpt

The Supreme Court addressed the appointment of an arbitrator under Clause 19(F) of the contract between the petitioner and the Union of India, emphasizing the need for an impartial arbitrator. The Court held that the mandate of the previously appointed arbitrator was terminated due to bias, as determined by the Principal District Court under Section 14(2) of the Arbitration Act. The Court directed the appointment of an independent arbitrator, as the Director General of Ordnance Factory failed to act within the stipulated time frame, thus upholding the petitioner's request under Section 11(6) of the Arbitration and Conciliation Act, 1996.

DENEL (PROPRRIETORY LIMITED) vs GOVT.OF INDIA MIN.OF DEFENCE · Niyam