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Supreme Court of India · 2019-03-29

UNION OF INDIA vs M/S HARINARAYAN KHANDELWAL TH. DIRECTOR

Citation / case number
SC 2018/10980
Court
Supreme Court of India
Petitioner
UNION OF INDIA
Respondent
M/S HARINARAYAN KHANDELWAL TH. DIRECTOR
Author
HON'BLE MR. JUSTICE AJAY RASTOGI
Bench
HON'BLE MR. JUSTICE AJAY RASTOGI HON'BLE MR. JUSTICE A.M. KHANWILKAR

Judgment text excerpt

The Supreme Court addressed the applicability of the amended provisions of the Arbitration and Conciliation Act, 1996, particularly Section 11(6), in the context of appointing an independent arbitrator when parties have a mutually agreed procedure. The Court held that the High Court's appointment of an independent arbitrator was improper as it did not adhere to the agreed procedure outlined in the contract. The judgment clarified that acceptance of payment does not discharge the arbitration agreement unless explicitly stated, reinforcing the sanctity of arbitration agreements under the Act.

UNION OF INDIA vs M/S HARINARAYAN KHANDELWAL TH. DIRECTOR · Niyam