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J Kodanda Rami Reddy vs State of Andhra Pradesh and others (2011) 1 SCC 197

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  • Arbitration Act, 1940 Sec. 8(2) & 1(a), 30, 33, 39(1) and 14(3) - Appointment of arbitrator by court - Waiver of right to challenge - Challenge thereto in appeal against court's order refusing to set aside award and in revision petition on ground that there existed no arbitration agreement, though such ground has been negatived at stage of S. 8 application - If barred by res judicta, Effect of acquiescence, delay and laches - Respondent leaving said order passed under S. 8(2) unchallenged and allowing the same to attain finality...
  • Arbitration Act, 1940 Sec. 9(2), 14, 30, 3 and 39
    • Erroneous order of appointment of arbitrator by court of competent jurisdiction
    • Effectiveness of - Such order, held, is not void nor a nullity
    • Hence, unless it is challenged and set aide by higher forum, held, binding

Arbitration Act, 1940: Sec. 8(1)(a)

    • Arbitration agreement - What is
    • Provisions in the Andhra Pradesh Government GOM dt 24-10-1983 stipulating "court of competent jurisdiction" in column labelled "panel of arbitrators" in regard to claims exceeding Rs. 50,000, held, was not arbitration clause
  • Arbitration and Conciliation Act, 1996 Section 11
    • Practice and Procedure - Judgement - Erroneous decision distinguished from a nullity.
  • Arbitration and Conciliation Act, 1996 Sec. 2(1)(b) and 7
    • Provisions in the Andhra Pradesh Government GOM dt 24-10-1983 stipulating "court of competent jurisdiction" in column labelled "panel of arbitrators" in regard to claims exceeding Rs. 50,000, held, was not arbitration clause