Content Provider | Supreme Court of India |
---|---|
e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | 14 Arbitration and Conciliation Act 1996: ss. 11(5) 11(6) |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Case(s) Referred | Referred Case 0 Referred Case 1 Referred Case 2 Referred Case 3 |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Disposed Off |
Headnote | Arbitration and Conciliation Act, 1996: ss. 11(5), 11(6), 14 – Termination of the mandate of the arbitrator – Procedure to follow – Parties-respondent no. 1 to 3 appointed a sole arbitrator by mutual consent and later revoked the mandate of the sole arbitrator – Thereafter, the respondent no. 1 and 3 filed applications u/s. 14(1)(a) to terminate the mandate of the sole arbitrator on the ground of delay in concluding the arbitration proceedings – During the pendency thereof, the appellant filed an application u/ord. 7 r. 11 for rejection of the application u/s. 14 – Trial Court dismissed the appellant’s application – Thereagainst, the appellant filed writ petition and respondent no. 1 filed an arbitration case u/s. 11(6) to terminate the mandate of the sole arbitrator and appoint a fresh arbitrator – High Court allowed the arbitration case and appointed a fresh arbitration and dismissed the writ petition – On appeal, held: An application u/s. 11(6) shall be maintainable only in a case where there is a contract between the parties containing the arbitration agreement and the appointment procedure is prescribed and is agreed upon in writing – s.11(5) would be attracted in a case where there is no procedure for appointment of an arbitrator agreed upon as per s.11(2) – On facts, the sole arbitrator was appointed by the parties themselves by mutual consent and in the absence of any written contract containing the arbitration agreement – Thus, an application u/s.11(6) in absence of any written agreement containing arbitration agreement was not maintainable at all – Dispute regarding the termination of the mandate of the arbitrator u/s. 14(1)(a) can be raised before the court as defined u/s.2(e) and it cannot be decided by the High Court on an application made u/ s.11(6) – Thus, the judgement and order of the High Court is unsustainable and is quashed and set aside – Further, an application u/Ord.7 r.11 is decided only after considering the averments and allegation in the application/plaint and not the written statement/ reply to the application/defence – Trial court rightly dismissed the application u/Ord.7 r.11 – Civil Procedure Code, 1908 – Ord. 7 r. 11. |
Judge | Hon'ble Mr. Justice M.R. Shah |
Neutral Citation | 2022 INSC 517 |
Petitioner | Swadesh Kumar Agarwal |
Respondent | Dinesh Kumar Agarwal & Ors, Etc., Etc. |
SCR | [2022] 7 S.C.R. 901 |
Judgement Date | 2022-05-05 |
Case Number | 2935 |
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