Supreme Court of India
Naryan Prasad Lohia v. Nikunj Kumar Lohia and Ors.
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1 Supreme Court bench has cited this judgment.
What the Court ordered
For the reasons aforesaid, the Judgments of the learned single Judge and the Division Bench on the question of law discussed cannot be sustained.
Judgment, page 16
From the headnote
Arbitration and Conciliation Act, 1996-Ss. 4, 5, JO, II, 16 and 34 (2)(a)(v)-Composition of Arbitral Tribunal-Right to objection-Waiving of- Dispute-Arbitration by two Arbitrators-Award-Challenge before High Court on the ground that there could not be an even member of Arbitrators under the Act-Objection not raised before the Arbitral Tribunal-High Court setting aside theaward:validi@of-Held, if a party does not object to the composition of the tribunal before the Arbitral Tribunal itself within the prescribed time, there is deemed waiving of right to objection-Award can be set aside under
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Where later benches applied it
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