Supreme Court of India

M/s. Uttarakhand Purv Sainik Kalyan Nigam Limited v. Northern Coal Field Limited

Neutral citation
Reported as [2019] 14 S.C.R. 999
Bench Indu Malhotra and Ajay Rast Ogi JJ.
Decided 27 November 2019

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.

3 Supreme Court benches have cited this judgment.

What the Court ordered

In view of the aforesaid discussion, we set aside the impugned judgment and order dated 1 1.01.2018 passed by the High Court, and direct that the issue of limitation be decided by the arbitral tribunal.

Judgment, page 11

From the headnote

Arbitration and Conciliation Act, 1996: s.1 1 – Whether the High Cour t was justified in r ejecting the application filed under s.11 for r eference to arbitration, on the gr ound that it was bar red by limitation – Arbitration agreement between the par ties – Dispute arose between them – Petitioner sent notices calling upon the Respondent to nominate a Sole Arbitrator in terms of the arbitration clause – Respondent did not r espond to the notices – Petitioner filed application under s.1 1 invoking the default power of the High Court to make the appointment of a sole arbitrator – High Cour t

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