MIS DAKSHIN SHELTERS PVT. LTD. versus GEETA S. JOHARI

MIS DAKSHIN SHELTERS PVT. LTD. versus GEETA S. JOHARI

The petitioner's right to appoint its arbitrator under the arbitration clause of the Development Agreement was extinguished once it failed to appoint the arbitrator on receipt of the notice. The Designate Judge’s appointment of an arbitrator on behalf of the petitioner under Section 11(6) of the Arbitration and Conciliation Act, 1996 was valid and in conformity with Supreme Court precedent.

Parties
Petitioner: MIS Dakshin Shelters Pvt. Ltd.; Respondent: Geeta S. Johari
Jurisdiction
India
Judgment Date
21 February 2012
Procedural Posture
Special Leave Petition (civil) / Supreme Court Decision
Outcome
Special Leave Petition dismissed with costs.
Legal Topics
Appointment of Arbitrator, Arbitration Clause, Extinguishing of Right to Appoint Arbitrator, Section 11 of Arbitration and Conciliation Act
Arbitration Appointment of Arbitrator Arbitration Clause Extinguishing of Right to Appoint Arbitrator Section 11 of Arbitration and Conciliation Act

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Parties

MIS Dakshin Shelters Pvt. Ltd.

Petitioner

Geeta S. Johari

Respondent

Procedural Posture

Special Leave Petition (civil) / Supreme Court Decision

Legal Issues

  1. 1 Whether the Designate Judge erred in appointing an arbitrator on behalf of the petitioner under Section 11 of the Arbitration and Conciliation Act, 1996 when the petitioner failed to nominate its arbitrator as per the arbitration clause.

Ratio Decidendi

The petitioner's right to appoint its arbitrator under the arbitration clause of the Development Agreement was extinguished once it failed to appoint the arbitrator on receipt of the notice. The Designate Judge’s appointment of an arbitrator on behalf of the petitioner under Section 11(6) of the Arbitration and Conciliation Act, 1996 was valid and in conformity with Supreme Court precedent.

Court Disposition

Special Leave Petition dismissed with costs.

Orders

  • The Special Leave Petition is dismissed.
  • The Rs. 1 lakh deposited by the petitioner in the Registry of the Supreme Court shall be paid to the respondent.