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    <title>2018 (12) TMI 2002 - Supreme Court</title>
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    <description>The SC set aside the HC Division Bench judgment regarding arbitrator appointment. The Court held that Clause 22 of the contract did not constitute an arbitration agreement, as it merely provided for in-house dispute resolution or court proceedings. The appointment of Justice Kanade as Sole Arbitrator was invalid since the Assistant Engineer who consented lacked authority to make such decisions. No proper application under Section 11 was made for arbitrator appointment per contract clauses. The SC recognized HC&#039;s inherent power to recall orders as superior courts of record. The original interim order was extended for four weeks to allow parties to approach appropriate forum.</description>
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    <pubDate>Tue, 04 Dec 2018 00:00:00 +0530</pubDate>
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      <title>2018 (12) TMI 2002 - Supreme Court</title>
      <link>https://www.taxtmi.com/caselaws?id=457995</link>
      <description>The SC set aside the HC Division Bench judgment regarding arbitrator appointment. The Court held that Clause 22 of the contract did not constitute an arbitration agreement, as it merely provided for in-house dispute resolution or court proceedings. The appointment of Justice Kanade as Sole Arbitrator was invalid since the Assistant Engineer who consented lacked authority to make such decisions. No proper application under Section 11 was made for arbitrator appointment per contract clauses. The SC recognized HC&#039;s inherent power to recall orders as superior courts of record. The original interim order was extended for four weeks to allow parties to approach appropriate forum.</description>
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      <pubDate>Tue, 04 Dec 2018 00:00:00 +0530</pubDate>
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