Supreme Court of India
Aslam Ismail Khan Deshmukh v. Asap Fluids Pvt. Ltd. & 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.
3 Supreme Court benches have cited this judgment.
What the Court ordered
In view of the aforesaid, the present petitions are allowed.
Judgment, page 24
From the headnote
Issue for Consideration Petitioner sought appointment of an arbitrator for the adjudication of disputes and claims in terms of the Shareholders Agreement between the parties. Whether the reference under Section 11(6) of the Arbitration & Conciliation Act, 1996, should be declined by examining whether the substantive claims of the petitioner are ex facie and hopelessly time barred. Headnotes† Arbitration & Conciliation Act, 1996 – s.11(6) – Appointment of Arbitrators – Jurisdiction of referral court – Scope of interference – Petitions filed u/s.11(6), if within limitation: Held: Courts at the
Authorities it was built on
- 2023 In Re: Interplay Between Arbitration Agreements Under the Arbitration and Conciliation Act 1996 and the Indian Stamp Act 1899 v..
- 2020 Vidya Drolia and Others v. Durga Trading Corporation
- 2021 Bharat Sanchar Nigam Ltd. & Anr. v. M/s Nortel Networks India Pvt. Ltd.
- 2024 Sbi General Insurance Co. Ltd. v. Krish Spinning
- 2024 M/s Arif Azim Co. Ltd. v. M/s Aptech Ltd.
Where later benches applied it
- 2026 State of West Bengal & Ors. v. M/s B.B.M. Enterprises
- 2025 The Managing Director Bihar State Food and Civil Supply Corporation Limited & Anr. v. Sanjay Kumar
- 2025 Arabian Exports Private Limited v. National Insurance Company Ltd.
Of those, 3 referred to
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