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february 2014

Supreme Court of India · 2014-02-25

M/S LARSEN & TOUBRO LTD. vs M/S MOHAN LAL HARBANS LAL BHAYANA

Citation / case number
SC 2007/14504
Court
Supreme Court of India
Petitioner
M/S LARSEN & TOUBRO LTD.
Respondent
M/S MOHAN LAL HARBANS LAL BHAYANA
Author
A.K.SIKRI
Bench
A.K. SIKRI SURINDER SINGH NIJJAR

Judgment text excerpt

The Supreme Court upheld the High Court's decision to appoint an Arbitrator under Section 11(6) of the Arbitration and Conciliation Act, 1996, after the appellant failed to nominate its Arbitrator as per Clause 25 of the Agreement. The Court found that the modifications made by supplementary agreements did not negate the arbitration clause, thus affirming the necessity for arbitration between the parties. The Court emphasized that the original and modified clauses must be read together to ascertain the intent of the parties regarding arbitration.

M/S LARSEN & TOUBRO LTD. vs M/S MOHAN LAL HARBANS LAL BHAYANA · Niyam