Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | 1996: s. 11 (6) - Appointment of arbitrator Arbitration & Conciliation Act |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Dismissed |
Headnote | Arbitration & Conciliation Act, 1996: s. 11 (6) - Appointment of arbitrator- Contract providing for arbitration by Railway Officers - High Court appointing a retired Chief Justice as the Arbitrator - Held: Although s. 11 says that the High Court must appoint arbitrator as per contract between the parties, there is a shift in this notion, in the sense that though the contract between the parties must be adhered to, deviation therefrom in exceptional circumstances is permissible - In the instant case, appointment of retired judge contrary to the agreement requiring appointment of railway officer is valid as the arbitration proceedings did not conclude for two decades since the contractor raised his claims for alleged wrongful termination of the two contracts - The power of the Court under the Act has to be exercised to effectuate the remedy provided thereunder and to facilitate the mechanism contemplated therein - In a situation where the procedure and process under the Act has been rendered futile, the power of the Court to depart from the agreed terms of appointment of arbitrators must be acknowledged - There was no infirmity much less any illegality or failure of justice can be said to be occasioned by the order passed by the High Court so as to warrant any interference. |
Judge | Honble Mr. Justice Ranjan Gogoi |
Neutral Citation | 2014 INSC 543 |
Petitioner | North Eastern Railway & Ors. |
Respondent | Tripple Engineering Works |
SCR | [2014] 6 S.C.R. 1143 |
Judgement Date | 2014-08-13 |
Case Number | 6275 |
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