Supreme Court of India
Purushottam S/o Tulsiram Badwaik v. Anil & Ors.
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
Accordingly, we direct that the Chief Justice of the High Court is to appoint the third arbitrator under Section 11(4)( b) of the New Act in view of the failure of the two appointed arbitrators to appoint the third arbitrator within thirty days from the date o f their appointments.
Judgment, page 12
From the headnote
Arbitration and Conciliation Act, 1996 – s.85(2)(a) – Partnership Agreement dtd. 9.11.2005 between the app ellant and respondents – Though, the said agreement was entere d into after the 1996 Act had come into force, the relevant clau se stated arbitration to be in accordance with the provisions of the 1940 Ac t – Respondents filed civil suit inter alia for injunction against the appellant – Appellant filed application u/s.8 of the 1996 Act to refer the dispute to arbitration – Trial Court as also High Court rej ected the application – Issue as to applicability of the 1996 Act vis-a-vis 1940
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