Supreme Court of India · 2012-03-29
M.M.T.C. OF INDIA vs OCEAN KNIGH MARITIME CO LTD. .
- Citation / case number
- SC 2005/10806
- Court
- Supreme Court of India
- Petitioner
- M.M.T.C. OF INDIA
- Respondent
- OCEAN KNIGH MARITIME CO LTD. .
- Author
- R.M. LODHA
- Bench
- H.L. GOKHALE R.M. LODHA
Judgment text excerpt
The Supreme Court upheld the Delhi High Court's order under Sections 5, 11, and 12 of the Arbitration Act, 1940, appointing Justice Usha Mehra as the sole arbitrator after the original arbitrators became functus officio. The Court clarified that the arbitration clause in the Charter Party mandated arbitration in accordance with the 1940 Act, and the delay in the arbitration process justified the appointment of a new arbitrator. The appeal was dismissed, affirming the High Court's decision.