ELITE ENGINEERING AND CONSTRUCTION (HYD) PRIVATE . LTD. REP. BY ITS MANAGING DIRECTOR vs TECHTRANS CONSTRUCTION INDIA PVT. LTD. REP. BY ITS MANAGING DIRECTOR

The Supreme Court ruled that the absence of an explicit arbitration clause in the agreement dated July 29, 2009, between the appellant and the respondent precludes the invocation of arbitration under the Arbitration and Conciliation Act, 1996. The Court emphasized that without a clear arbitration agreement, the petition under Section 11(3) and (5) for the appointment of an arbitrator is not maintainable. Consequently, the High Court's dismissal of the appellant's petition was upheld, affirming that the parties did not have an arbitration agreement as required by Section 7 of the Act.