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Supreme Court of India · 2019-03-29

UNION OF INDIA vs M/S RAJENDRA PRASAD BANSAL THR. PARTNER RAJENDRA PRASAD BANSAL

Citation / case number
SC 2018/8890
Court
Supreme Court of India
Petitioner
UNION OF INDIA
Respondent
M/S RAJENDRA PRASAD BANSAL THR. PARTNER RAJENDRA PRASAD BANSAL
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 emphasizes the necessity of following the contractual terms regarding arbitration, thereby reinforcing the sanctity of arbitration agreements under the Act.

UNION OF INDIA vs M/S RAJENDRA PRASAD BANSAL THR. PARTNER RAJENDRA PRASAD BANSAL · Niyam