VidhiSangh

Supreme Court of India · 05/05/2022

SWADESH KUMAR AGARWAL versus DINESH KUMAR AGARWAL & ORS, ETC., ETC.

[2022] 7 S.C.R. 901 · 2022 INSC 517

AI-generated headnote. Verify against the judgment before relying on it. Paragraph numbers refer to the judgment.

Summary

Parties had mutually appointed a sole arbitrator in a family-property dispute. While applications alleging undue delay were pending before the competent court, the High Court terminated his mandate and appointed another under section 11(6). The Court set aside that intervention and revived the section 14 applications for determination on merits. It separately upheld rejection of the attempt to dismiss those applications under Order VII Rule 11.

Issues

  1. Whether section 11(6) permitted termination and replacement of an arbitrator already appointed by mutual consent.
  2. Which forum must determine a disputed ground under section 14(1)(a).
  3. Whether the denial of delay justified threshold rejection of the section 14 applications.

Provisions considered

Held

Result

Appeals against the section 11 appointment and review orders allowed; those orders set aside. Appeals against rejection of the Order VII Rule 11 applications dismissed. The withdrawn section 14 applications revived for decision preferably within four months of receipt. If termination is found, replacement must follow the original procedure, with section 11(5) recourse if necessary; otherwise the existing arbitrator must conclude and declare the award within nine months of that decision. No costs.

Judgment PDF: Supreme Court of India, [2022] 7 S.C.R. 901.