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.