Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | 1996 - s. 11 (6) Arbitration and Conciliation Act |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Disposed Off |
Headnote | ARBITRATION AND CONCILIATION ACT, 1996:ss. 11(1)(b) and (6) - Existence of arbitration agreement even if main agreement is illegal and void - Held: An arbitration agreement could stand independent of the main agreement and did not necessarily become otiose, even if the main agreement, of which it is a part, is declared void -- By virtue of s. 16(1)(b), the arbitration clause continues to be enforceable, notwithstanding a declaration that the contract was null and void.s. 11 (6) - Application for appointment of arbitrator- Issues to be decided by Chief Justice or his designate - Explained - Held: Designated Judge was not require'd to undertake a detailed scrutiny of merits and de-merits the case, almost as if he was deciding a suit - He was only required to decide preliminary issues such as jurisdiction to entertain the application, existence of a valid arbitration agreement, F whether a live claim existed or not, for the purpose of appointment of an arbitrator - By the impugned order, much more than what is contemplated u/s 11 (6) was sought to be decided, without any evidence being adduced by the parties - Impugned order of designated Judge is set aside, and matter G remitted to be considered de novo in the light of the instant judgment and the decision of the Court. |
Judge | Honble Mr. Justice Altamas Kabir |
Neutral Citation | 2008 INSC 1147 |
Petitioner | Ludhiana Improvement Trust & Another |
Respondent | M/s. Today Homes And Infrastructure (pvt.) Limited |
SCR | [2008] 14 S.C.R. 397 |
Judgement Date | 2008-10-14 |
Case Number | 6104 |
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