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july 2016

Supreme Court of India · 2016-07-25

Union Of India & Anr vs Premco - Dkspl (Jv) & Ors

Citation / case number
AIR 2016 SUPREME COURT 5420
Court
Supreme Court of India
Petitioner
Union Of India & Anr
Respondent
Premco - Dkspl (Jv) & Ors
Author
Shiva Kirti Singh
Bench
R. Banumathi, Shiva Kirti Singh

Judgment text excerpt

The Supreme Court examined the legality of the Gauhati High Court's order under Section 11 of the Arbitration and Conciliation Act, 1996, which appointed an arbitrator after determining that the appellants forfeited their right to appoint railway officers as arbitrators. The Court held that the High Court misinterpreted clause 64(3)(a)(ii) of the agreement, which requires a 60-day waiting period for the appellants to receive a panel of names before the contractor can suggest nominees. The Court concluded that the application under Section 11 was premature, thereby reversing the High Court's decision.

Union Of India & Anr vs Premco - Dkspl (Jv) & Ors · Niyam