Case Note & Summary
The dispute arose from a civil appeal concerning the dismissal of an arbitration petition by the High Court of Delhi. The appellant, M/s. Swadeshi Karyyalaya Pvt. Ltd., sought arbitration under the General Conditions of Contract after the High Court dismissed their petition on 6.3.2007. The Supreme Court, upon hearing the parties, found it appropriate to direct the Secretary, Ministry of Defence to appoint an arbitrator in accordance with the contract's clause 22. The Court noted the prolonged delay in the matter and requested the appointment to be made within six weeks of the order's communication. The parties were allowed to raise all legal points available to them, and the appeal was disposed of without costs, clarifying that the order should not be treated as a precedent for other cases.
Headnote
A) Arbitration - Appointment of Arbitrator - Direction for Appointment - General Conditions of Contract, Not mentioned - The Supreme Court directed the Secretary, Ministry of Defence to appoint an arbitrator as per the contract's provisions, emphasizing the need for expeditious action due to the prolonged pendency of the matter. Held that the parties retain the right to raise all legal points available to them (Paras 1-2).
Issue of Consideration
Whether the High Court's dismissal of the arbitration petition was justified and what directions should be given regarding the appointment of an arbitrator.
Final Decision
The Supreme Court directed the Secretary, Ministry of Defence to appoint an arbitrator within six weeks, allowing parties to raise all legal points available to them.
Law Points
- Arbitration
- Appointment of Arbitrator
- General Conditions of Contract
