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Supreme Court of India

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

Neutral citation
Bench Indu Malhotra and Ajay Rastogi 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.

9 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 11.01.2018 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.11 – Whether the High Court was justified in rejecting the application filed under s.11 for reference to arbitration, on the ground that it was barred by limitation – Arbitration agreement between the parties – 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 respond to the notices – Petitioner filed application under s.11 invoking the default power of the High Court to make the appointment of a sole arbitrator – High Court held that…

Authorities it was built on

Where later benches applied it

Of those, 3 referred to · 6 mentioned

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