Supreme Court of India · 2013-03-22
M/S Deep Trading Company vs M/S Indian Oil Corporation & Ors
- Citation / case number
- AIR 2013 SUPREME COURT 1479
- Court
- Supreme Court of India
- Petitioner
- M/S Deep Trading Company
- Respondent
- M/S Indian Oil Corporation & Ors
- Author
- R.M. Lodha
- Bench
- Madan B. Lokur, J. Chelameswar, R.M. Lodha
Judgment text excerpt
The Supreme Court addressed the issue of whether the Indian Oil Corporation forfeited its right to appoint an arbitrator under Section 11(6) of the Arbitration and Conciliation Act, 1996 due to its delay in doing so after a demand was made by the dealer, Deep Trading Company. The Court held that the Corporation's appointment of an arbitrator during the proceedings under Section 11(6) was valid, as the delay did not result in forfeiture of rights. Consequently, the Chief Justice of the High Court was correct in dismissing the dealer's application for appointment of an arbitrator, affirming the legal standing of the Corporation's actions.