Deep Trading Company V/s Indian Oil Corporation and Ors.

Information Type: Judicial Information
Court: Supreme Court
Date of Judgment(s): 2013-03-22
Case No: 2673 of 2013 (Arising out of S.L.P. (C) No. 24686 of 2007)
Case Type: Appeal (Civil)
Judge Name: R.M. Lodha & J. Chelameswar
Subject: Civil Law
Statutes / Acts: Arbitration and Conciliation Act, 1996
Section: 9, 11, 11(1)
Bench Strength: Double Bench
Advocate: Amit Sharma (P) & Abhinav Vashishta, Priya Puri, Sagar Singhal and Anuj Malhotra (R)
State of Appellant(s): Uttar Pradesh
History of Case No: Judgment and Order dated 06/12/2007 in Arbitration Case No. 107 of 2004 of the High Court of Judicature at Allahabad
Equal Citation Details :

AIR2013SC1479, 2013 (98) ALR 722, 2013(2)ARBLR105(SC), 2013 3 AWC2984SC, 2013(2)B.L.J.513, [2013]114CLA18(SC), [2013]177CompCas475(SC), (2013)2CompLJ271(SC), 2013(2)CTC888, JT2013(8)SC159, 2013-3-LW311, 2013(4)MhLj96, (2013)3MLJ480, 2013(3)MPLJ51, (2013)171PLR675, 2013(2)RCR(Civil)953, 2013(5)SCALE96, (2013)4SCC35, (2013)2WBLR(SC)778, 2013(3)WLN37

Case Note / Description :

In the course of arguments before us, on behalf of the appellant certain names of retired High Court Judges were indicated to the senior counsel for the Corporation for appointment as sole arbitrator but the Corporation did not agree to any of the names proposed by the appellant. In the circumstances, we are left with no choice but to send the matter back to the Chief Justice of the Allahabad High Court for an appropriate order on the application made by the dealer under Section 11(6). Civil Appeal is, accordingly, allowed. The impugned order is set aside. Arbitration Case No. 107 of 2004, M/s. Deep Trading Company 12Page 13 v. M/s. Indian Oil Corporation and others, is restored to the file of the High Court of Judicature at Allahabad for fresh consideration by the Chief Justice or the designate Judge, as the case may be, in accordance with law and in light of the observations made above. No costs.

Arbitration and Concilation Act, 1996

 

 
 
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