Supreme Court of India · 2013-03-22
M/S DEEP TRADING COMPANY vs M/S INDIAN OIL CORPORATION .
- Citation / case number
- SC 2007/36829
- Court
- Supreme Court of India
- Petitioner
- M/S DEEP TRADING COMPANY
- Respondent
- M/S INDIAN OIL CORPORATION .
- Author
- R.M. LODHA
- Bench
- R.M. LODHA,J. CHELAMESWAR,MADAN B. LOKUR
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, after failing to do so following a demand from Deep Trading Company. The Court held that the Corporation's delay in appointing an arbitrator constituted a forfeiture of that right, and thus the appointment made during the proceedings under Section 11(6) was valid. Consequently, the Chief Justice of the High Court was correct in dismissing the dealer's application for the appointment of an arbitrator.