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2008 Supreme(Kar) 231
2008 (4) KLO 337 AC 296
IN THE HIGH COURT OF KARNATAKA
Ajit J. Gunjal, J.
C.M. P. No. 132 of 2007
Malu Sleepers Pvt. Ltd. - Petitioner
Vs.
The Union of India and Another - Respondents
Decided on 01-04-2008
Advocates appearing for:
Petitioner: Sri M/s. Chalapathy & Srinivas, Adv.
Respondent: Sri N.S. Sanjay Gowda, Adv.
Petitioner: Sri M/s. Chalapathy & Srinivas, Adv.
Respondent: Sri N.S. Sanjay Gowda, Adv.
Result: Petition allowed.
Headnote:(A) Arbitration and Conciliation Act, 1996- Section 11(6) - Appointment of arbitrator - Right of - Failure of party who ought to appoint arbitration within thirty days of demand from other party - Effect - His right to appoint arbitrator does not get automatically forfeited - It continues till other party moves Court under.
(B) Arbitration and Conciliation Act, 1996 - Section 7 - Arbitration agreement - Should be considered in its entirety - Not so as to depend solely on one clause to exclude other terms.
(C) Indian Contract Act, 1872 - Section 23 - Void agreement - If a clause is incorporated into an agreement and if it defeats the provisions of any other law, it is required to be ignored or eshchewed.
Malu Sleepers Pvt. Ltd. vs Union of India - 2008 Supreme(Kar) 231
