Supreme Court of India

M/S EMINENT COLONIZERS PRIVATE LIMITED versus RAJASTHAN HOUSING BOARD AND ORS.

2026 INSC 116

Case number
CIVIL APPEAL No. 753/2026
Judgment date
2026-02-04
Petitioner / appellant
M/S EMINENT COLONIZERS PRIVATE LIMITED
Respondent
RAJASTHAN HOUSING BOARD AND ORS.
Neutral citation
2026 INSC 116
Other citation
[2026] 3 S.C.R. 1
CNR
ESCR010000602026
Bench / judges
J.B. PARDIWALA, K.V. VISWANATHAN
Author judge
Not available
Bench size
2 Judges
Disposal nature
Disposed off
Judgment year
2026

Issue for consideration

Issue arose for consideration whether dispute with regard to the existence and validity of Clause 23 of the Contract Agreement clause could have been raised before the arbitrator; that the appointment of the arbitrator was during SBP & Co’s case regime amendments which came into effect from 23.10.2015, were the courts below justified in setting aside the award by holding that the clause 23 of the contract was not an arbitration agreement.

Headnote excerpt

Arbitration and Conciliation Act, 1996 – s.11 – Appointment of

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