Niyam v2 is live — start for just ₹100 — 200 credits to try

july 2016

Supreme Court of India · 2016-07-25

UNION OF INDIA vs PREMCO - DKSPL (JV) .

Citation / case number
SC 2014/28103
Court
Supreme Court of India
Petitioner
UNION OF INDIA
Respondent
PREMCO - DKSPL (JV) .
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 per clause 64(3)(a)(ii) of the agreement. The Court held that the High Court misinterpreted the relevant clause, emphasizing that the right to appoint an arbitrator is not forfeited merely due to the expiry of the notice period without a response. The appeal was allowed, setting aside the High Court's order and reinforcing the need for adherence to the stipulated arbitration process.

UNION OF INDIA vs PREMCO - DKSPL (JV) . · Niyam