Supreme Court of India
Dani Wooltex Corporation & Ors. v. Sheil Properties Pvt. Ltd. & Anr.
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1 Supreme Court bench has cited this judgment.
What the Court ordered
We hold that there was absolutely no material on record to conclude that Sheil had abandoned its claim or, at least, the claim against the first appellant.
Judgment, page 14
From the headnote
Issue for Consideration When can the power under clause (c) of sub-section (2) of section 32 of the Arbitration and Conciliation Act, 1996 be exercised; Is it the Arbitral Tribunal’s duty to fix a meeting for hearing; Whether the failure of the claimant to request the Arbitral Tribunal to fix a date for hearing, per se, is the ground to conclude that the proceedings have become unnecessary; Whether abandonment of claim by a claimant can be a ground to invoke clause (c) of sub-section (2) of section 32.
Authorities it was built on
- 2016 State of Madhya Pradesh v. Marico Industries Ltd.
- 2014 Lalitkumar V. Sanghavi (d) Th. Lrs. Neeta Lalit Kumar Sanghavi & Anr. v. Dharamdas V. Sanghavi & Ors.
- 2023 Godrej and Boyce Manufacturing Company Limited through its Constituted Attorney & Anr. v. The Municipal Corporation of Greater Mumbai & Ors
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