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

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.