AIR 2009 SUPREME COURT 357 ::2008 AIR SCW 7396 ::2009 CLC 78 (SC) ::2008 (3) Arbi LR 531 ::(2009) 1 CivLJ 519 ::(2008) 3 ArbiLR 531 ::2009 (2) SCC 337 ::2008 (4) RecCivR 414 ::2008 (12) Scale 720 ::(2009) 1 AndhLD 92 ::2008 (4) All WC 4082

Supreme Court Of India

(From : Kerala)

Hon'ble Judge(s): Tarun Chatterjee, Lokeshwar Singh Panta , JJ

(A) Arbitration and Conciliation Act (26 of 1996) , S.11— Appointment of arbitrator - Arbitration clause in agreement provides for excepted matters, i.e., those matters the decision to which is specifically provided in agreement itself - Delay in suppliers performance - Claim for liquidated damages by appellant, purchaser - Dispute as to fact whether there was any delay on part of respondent, supplier - Held, dispute raised by respondent are arbitrable and not excepted from scope of arbitration - Appointment of arbitrator by High Court - Not liable to be interfered with. (Para 9 10 12 20) (B) Arbitration and Conciliation Act (26 of 1996) , S.11— Appointment of arbitrator - Claim for liquidated damages by appellants for delay in supply - Respondent supplier invoked arbitration clause on ground that there was no delay on its part-Appointing authority failed to act within time prescribed under Act - Respondent filed petition u/S.11 before High Court - Ap pellant, thus, lost its right to appoint any arbitrator for settling disputes under agreement. (Para 15) (C) Contract Act (9 of 1872) , S.28— Scope - Supply agreement - C....