Supreme Court of India

Municipal Corporation, Jabalpur and Ors. v. M/s. Rajesh Constructions Co.

Neutral citation
Reported as [2007] 5 S.C.R. 137
Bench Ta Run Chatterjee and P.K. Balasubramanyan JJ.
Decided 13 April 2007

INSC stands for INDIAN SUPREME COURT. A neutral citation scheme assigned by the Court itself, so a judgment can be cited without depending on a commercial law reporter. INSC is the neutral citation scheme assigned by the Supreme Court, so a judgment can be cited without depending on a commercial law reporter.

What the Court ordered

We hold that the High Court was not justified in appointing a retired Chief Justice of a High Court as Arbitrator by the impugned order.

Judgment, page 10

From the headnote

Arbitration and Conciliation Act, 1996: s.11 (6)(c )-Arbitration Agreement stipulating that in case of dispute, Contractor would furnish the security deposit and thereafter Corporation would constitute the Arbitration Board-Dispute between the parties­ Contractor filed application before High Court/or appointment of arbitrator­ High Court appointed retired Chief Justice of High Court as arbitrator­ Justification of-Held, Not justified same being contrary to Arbitration agreement-As security deposit was not furnished by respondent, obligation of Corporation to constitute Arbitration Board

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