Home   |   About us   |   Contact us   |   Request Callback  


This Page To:

P. SHAILAJA & OTHERS V/S M. NARENDER REDDY & OTHERS , decided on Thursday, April 30, 2009.
[ In the Supreme Court of India, CIVIL APPEAL NO.944 OF 2008 . ] 30/04/2009
Advocate(s) :
Judgment Full Text : Existing LawyerServices Members, kindly login above.

Non Members, Enter your email address:- and , to request this judgment.

Alternatively, you may send a request by email to info@lawyerservices.in for the Full Text of this Judgment (chargeable).

LawyerServices Facebook Page

#LawyerServices #bestlegalsoftware #legalsoftware #judgment #caselaw


judgment - We have heard learned counsel for the parties. We observe from the impugned order of the High Court dated 29/9/2006 that the Honble Judge has given findings that the arbitration agreement was not legally valid that the claim was stale and time barred. We are of the opinion that these findings are on the merits of the case and it was not open to the Court to decide this issue as these matters were to be left for the decision of the arbitrator.In this view of the mater we are of the opinion that the impugned order has to be set aside. It is accordingly set aside. We also request Honble Mr. Justice B.P. Jeevan Reddy a retired Judge of this Court to be the sole arbitrator to settle the disputes between the parties. We clarify that the expenses for the arbitration will be borne by the appellant. We further request the arbitrator to take a decision in the matter as expeditiously as possible. All contentions including the question of limitation and as to the stale nature of the claim will be open before the arbitrator.The appeal is allowed in the above terms. No costs.