Supreme Court of India
G H Central Organisation for Railway Electrification v. M/s Eci-spic-smo-mcml (jv)joint Venture Company
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.
2 Supreme Court benches have cited this judgment.
What the Court ordered
In the result, the impugned orders dated 03.01.2019 and 29.03.2019 passed by the High Court of Judicature at Allahabad i n Arbitration Application No.151 of 2018 are set aside and these appeals are allowed.
Judgment, page 25
From the headnote
Arbitration and Conciliation Act, 1996: s.11(6) – Application under – Seeking appointment o f sole arbitrator – High Court appointed a sole Arbitrator – Appeal to Supreme Court – Held: High Court was not justified in appoint ing an independent sole arbitrator ignoring Clauses 64( 3)(a)(ii) and 64(3)(b) of General Conditions of Contract whereby it was specifically provided that Arbitral Tribunal would con sist of three arbitrators from out of the panel of serving or ret ired Railway Officers – The appointment of the Arbitrators shoul d have been in terms of the agreement between the parties.
Authorities it was built on
- 2007 Union of India v. M/s. Bharat Battery Manufacturing Co. (p) Ltd.
- 2019 Bharat Broadband Network Limited v. United Telecoms Limited
- 2017 Trf Ltd. v. Energo Engineering Projects Ltd.
- 2019 Union of India v. Parmar Construction Company
- 2006 Union of India and Anr. v. M/s. V.S. Engineering (p) Ltd.
- 2019 The Government of Haryana Pwd Haryana (b and R) Branch v. M/s. G. F. Toll Road Pvt. Ltd. & Ors.
Where later benches applied it
- 2024 Central Organisation for Railway Electrification v. M/s Eci Spic Smo Mcml (jv) A Joint Venture Company
- 2023 M/s Glock Asia-pacific Ltd. v. Union of India
Of those, 1 referred to · 1 not applicable
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