B.S.N.L. AND ORS. versus M/S. SUBASH CHANDRA KANCHAN AND ANR.

B.S.N.L. AND ORS. versus M/S. SUBASH CHANDRA KANCHAN AND ANR.

Appellants waived their right to appointment of arbitrator under contract by consenting to High Court's appointment; such consent by advocate is binding, and Appellants cannot resile from it. Enforcement of waived legal right cannot be insisted upon.

Parties
Appellant: B.S.N.L.; Respondent: Subash Chandra Kanchan; Respondent: Anr.
Jurisdiction
India
Judgment Date
13 September 2006
Procedural Posture
Civil Appeal / Appeal From High Court Order on Appointment of Arbitrator
Outcome
Appeal dismissed
Legal Topics
Appointment of Arbitrator, Waiver of Legal Rights, Concession by Advocate, Jurisdiction Under Section 11 Arbitration Act
Arbitration Civil Procedure Appointment of Arbitrator Waiver of Legal Rights Concession by Advocate Jurisdiction Under Section 11 Arbitration Act

Case Brief

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Parties

B.S.N.L.

Appellant

Subash Chandra Kanchan

Respondent

Anr.

Respondent

Procedural Posture

Civil Appeal / Appeal From High Court Order on Appointment of Arbitrator

Legal Issues

  1. 1 Whether the appointment of arbitrator by the High Court, based on advocate's consent, was valid despite arbitration clause
  2. 2 Whether concession by advocate binds the party
  3. 3 Whether Appellant waived the contractual right to appoint arbitrator

Ratio Decidendi

Appellants waived their right to appointment of arbitrator under contract by consenting to High Court's appointment; such consent by advocate is binding, and Appellants cannot resile from it. Enforcement of waived legal right cannot be insisted upon.

Court Disposition

Appeal dismissed

Orders

  • No costs