Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Arbitration and Conciliation Act 1996 |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Case(s) Referred | Referred Case 0 Referred Case 1 Referred Case 2 Referred Case 3 Referred Case 4 |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Allowed |
Headnote | Arbitration and Conciliation Act, 1996 – s. 11(6) – Appointment of arbitrator – Feeling aggrieved and dissatisfied with the impugned judgment and order passed by the High Court allowing the application u/ss. 11(5) & (6) and appointing the arbitrators with respect to the dispute between the parties, the original applicant-respondent has preferred the instant appeal – Held: When a specific plea was taken that the dispute falls within Clause 36 of the Addendum agreement and not under Clause 37 and therefore, the dispute is not arbitrable, the High Court was at least required to hold a primary inquiry and prima facie come to conclusion on whether the dispute falls under Clause 36 or not and whether the dispute is arbitrable or not – High Court has not appreciated and considered the fact that in case of dispute as mentioned in Clauses 3, 6 and 9 for enforcement of the Agreement, the dispute is not arbitrable at all – Impugned judgment and order passed by the High Court appointing the arbitrators in terms of Clause 37 of the Addendum Agreement is hereby quashed and set aside – Matter is remitted to the High Court to decide the application u/s 11(5) and (6) afresh and to pass appropriate order after holding preliminary inquiry/review on whether the dispute is arbitrable or not and/or whether the dispute falls within Clause 36 of the Addendum Agreement or not. |
Judge | Hon'ble Mr. Justice M.R. Shah |
Neutral Citation | 2022 INSC 1049 |
Petitioner | M/s. Emaar India Ltd. |
Respondent | Tarun Aggarwal Projects Llp & Anr. |
SCR | [2022] 13 S.C.R. 933 |
Judgement Date | 2022-09-30 |
Case Number | 6774 |
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