Supreme Court of India · 2019-03-29
NORTH WESTERN RAILWAY GENERAL MANAGER vs M/S SB SHC MCDPL (JV)
- Citation / case number
- SC 2018/6608
- Court
- Supreme Court of India
- Petitioner
- NORTH WESTERN RAILWAY GENERAL MANAGER
- Respondent
- M/S SB SHC MCDPL (JV)
- 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 arbitrator when parties have a mutually agreed procedure. The Court held that the High Court's appointment of an independent arbitrator without adhering to the agreed procedure was improper, thereby reinforcing the sanctity of arbitration agreements. The judgment clarifies that acceptance of payment does not discharge the arbitration agreement unless explicitly stated, emphasizing the need for adherence to contractual terms.