Supreme Court of India
M/s. Emaar India Ltd. v. Tarun Aggarwal Projects Llp & Anr.
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.
1 Supreme Court bench has cited this judgment.
What the Court ordered
In view of the above and for the reasons stated above the present appeal succeeds.
Judgment, page 12
From the headnote
Arbitration and Conciliation Act, 1996 – s.11(6) – Appointment of arbitrator – Feeling aggrieved and dissatisfied with t he impugned judgment and order passed by the High Court allowin g the application u/ss. 11(5) & (6) and appointing the arb itrators with respect to the dispute between the parties, the origi nal applicant- respondent has preferred the instant appeal – Held: When a specific plea was taken that the dispute falls within Clause 36 of the Addendum agreement and not under Clause 37 and therefo re, the dispute is not arbitrable, the High Court was at least required to hold a
Authorities it was built on
- 2011 Booz-allen & Hamilton Inc. v. Sbi Home Finance Ltd. & Ors.
- 2013 The Rajasthan State Industrial Development and Investment Corporation & Anr. v. Diamond and Gem Development Corporation Ltd. & Anr.
- 2019 Garware Wall Ropes Ltd. v. Coastal Marine Constructions & Engineering Ltd.
- 2018 United India Insurance Co. Ltd. & Anr. v. Hyundai Engineering and Construction Co. Ltd. & Ors.
- 2018 Oriental Insurance Company Limited v. M/s. Narbheram Power and Steel Pvt. Ltd.
Where later benches applied it
Of those, 1 referred to
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