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SUPREME COURT OF INDIA
Pamidighantam Sri Narasimha, Alok Aradhe, JJ
Bharat Udyog Ltd – Appellant
Versus
Ambernath Municipal Council – Respondent
| Table of Content |
|---|
| 1. factual background concerning the unilateral appointment of an arbitrator and subsequent litigation. (Para 1 , 2 , 3 , 4 , 5 , 6 , 7 , 8 , 9 , 10 , 11 , 12 , 13 , 14) |
| 2. arguments regarding waiver, acquiescence, and jurisdiction. (Para 15 , 16) |
| 3. court's legal determination on the absence of a valid arbitration agreement and lack of state authority to appoint arbitrators. (Para 17 , 18 , 19 , 20 , 21 , 22 , 24 , 25 , 26 , 27) |
J U D G M E N T
1. This special leave petition arises out of the final judgment and order1 passed by the High Court of Judicature at Bombay in exercise of jurisdiction under Section 39 of the Arbitration Act, 1940. By the said order, the High Court allowed the appeal filed by the respondent no. 1, Ambernath Municipal Council (hereinafter ‘Municipal Council’) and quashed and set aside the award as well as the judgment of the Civil Court2, making the award a rule of the Court and dismissing the objections of the Municipal Council. For the reasons to follow, we have held that there is neither an arbitration agreement between the parties
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