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1976 Supreme(SC) 155

A.C.GUPTA, JASWANT SINGH
Union Of India – Appellant
Versus
Om Prakash – Respondent


Advocates:
G.L.SANGHI, GIRISH CHANDRA, H.K.PURI, L.N.Sinha, S.L.Bhatia

JUDGMENT

GUPTA, J.:— These seven appeals by certificate have been preferred by the Union of India against a common judgment of the Allahabad High Court disposing of seven appeals under Section 39 (1) (vi) of the Arbitration Act, 1940. The appeals turn on the true meaning and scope of Ss. 8 and 30 of the Act. Section 8 is in these terms:

"8. Power of Court to appoint arbitrator or umpire.

(1) In any of the following cases-

(a) where an arbitration agreement provides that the reference shall be to one or more arbitrators to be appointed by consent of the parties, and all the parties do not after differences have arisen, concur in the appointment or appointments; or

(b) if any appointed arbitrator or umpire neglects or refuses to act. or is incapable of acting, or dies, and the arbitration agreement does not show that it was intended that the vacancy should not be supplied, and the parties or the arbitrators, as the case may be, do not supply the vacancy; or

(c) where the parties or the arbitrators are required to appoint an umpire and do not appoint him:

any party may serve the other parties or the arbitrators, as the case may be, with a written notice to concur in the appointment or appoi

























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