Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Fixing of date of hearing by Arbitral Tribunal Absence in arbitral proceedings Arbitral proceeding becoming unnecessary and impossible Exercise of power under clause (c) of sub-section (2) of section 32 of the Arbitration and Conciliation Act 1996 Abandonment of claim Express and implied abandonment of claim |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Act(s) Referred | Arbitration and Conciliation Act, 1996 (26 of 1996) |
Case(s) Referred | Referred Case 0 Referred Case 1 |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Dismissed |
Headnote | When can the power under clause (c) of sub-section (2) of section 32 of the Arbitration and Conciliation Act, 1996 be exercised; Is it the Arbitral Tribunal’s duty to fix a meeting for hearing; Whether the failure of the claimant to request the Arbitral Tribunal to fix a date for hearing, per se, is the ground to conclude that the proceedings have become unnecessary; Whether abandonment of claim by a claimant can be a ground to invoke clause (c) of sub-section (2) of section 32. Headnotes Arbitration and Conciliation Act, 1996 – Clause (c) of subsection (2) of section 32 – When can the power under clause (c) of sub-section (2) of section 32 of the Arbitration and Conciliation Act, 1996 be exercised |
Judge | Hon'ble Mr. Justice Abhay.S. Oka |
Neutral Citation | 2024 INSC 433 |
Petitioner | Dani Wooltex Corporation & Ors. |
Respondent | Sheil Properties Pvt. Ltd. & Anr. |
SCR | [2024] 6 S.C.R. 761 |
Judgement Date | 2024-05-16 |
Case Number | 6462 |
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