SupremeToday Landscape Ad
Back
Next
Judicial Analysis Court Copy Headnote Facts Arguments Court observation
judgment-img

2007 Supreme(Del) 267

SANJIV KHANNA
DHARAM PRAKASH – Appellant
Versus
UNION OF INDIA – Respondent


Advocates Appeared:
DINESH AGNANI, V.K.Shali, VINEET MALHOTRA


MUKUNDAKAM SHARMA, CJ.

( 1 ) BY filing this petition, the petitioner has challenged the constitutional validity of the provisions of Section 13 (4) and Section 34 of the Arbitration and Conciliation Act, 1996 as being violative of Articles 14 and 21 of the constitution of India.

( 2 ) IN the writ petition, the petitioner has incorporated an additional prayer for issuance of a direction to the respondents No. 1 and 2 to club the cases of similar nature to be decided by the same Arbitrator preferably by a retired judge of this court rather than giving these matters for adjudication to different Arbitrators. The writ petition is contested by both Union of India and Mahanagar Telephone Nigam Limited.

( 3 ) WE have also heard the learned counsel appearing for the parties on the aforesaid pleas.

( 4 ) IT is submitted on behalf of the petitioner that there are six different contracts and that the said contracts revolve around similar issues of facts and law and, therefore, the said issue should have been referred to a sole arbitrator instead of referring the same to different Arbitrators. The next submission of the counsel appearing for the petitioner was that the provisions of Sectio






Click Here to Read the rest of this document

1
2
3
4
5
6
7
8
9
10
11
SupremeToday Portrait Ad
supreme today icon
logo-black

An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers

Please visit our Training & Support
Center or Contact Us for assistance

qr

Scan Me!

India’s Legal research and Law Firm App, Download now!

For Daily Legal Updates, Join us on :

whatsapp-icon telegram-icon
whatsapp-icon Back to top