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.