Content Provider | Supreme Court of India |
---|---|
e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Arbitration Act |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Act(s) Referred | Code of Civil Procedure, 1908 (5 of 1908) Arbitration Act, 1940 (10 of 1940) |
Case(s) Referred | Referred Case 0 Referred Case 1 Referred Case 2 Referred Case 3 Referred Case 4 |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Allowed |
Headnote | Arbitration Act, 1940 – Extent of execution of an award – 249.60 Bighas of land owned by appellant-firm was acquired in 1973 for the benefit of respondent-Company – Challenged by appellant – Rejected by High Court – Special appeal allowed by Division Bench – SLPs filed by respondent and State of Rajasthan, dismissed by Supreme Court – Agreement arrived at between the parties, as well as State of Rajasthan stating that out of 249.60 bighas of land, approx. 104 bighas would be retained by the appellant and the remaining about 145 bighas would be sold to the respondent, subject to fixation of price of land, construction etc. to be finalised through arbitration – Eventually, agreement dated 01.02.1980 entered into between parties and accordingly, the issue as to determination of price of 145 bighas of land was decided by sole arbitrator vide award dated 09.06.1985 – Award was affirmed – Appellant filed SLP – Dismissed – Respondent sought execution of award – Allowed by ADJ-I inter alia directing appellant to execute registered sale deed – Appellant filed Civil Revision Petition – During pendency thereof, respondent filed Civil Suit against appellant seeking specific performance of agreement dated. 01.02.1980 – Withdrawn – Civil Revision Petition dismissed by High Court, upholding the order of ADJ-I – Held: Award passed by the arbitrator could not be independently executed, as the same was only for fixation of price of land and not for enforcement of the agreement – Respondent could not be permitted to achieve the goal of execution of sale deed by indirectly claiming for execution of award, when the direct claim for execution of sale deed of the agreement dated. 01.02.1980 was abandoned by it by withdrawing the suit for specific performance of the agreement – Further, execution of an award can be only to the extent what has been awarded/decreed and not beyond it – Arbitrator in its award only declared the price of land and nothing more – Thus, the question of execution of a sale deed of the land at the price so declared by the arbitrator in its award, could not be directed – Judgment of High Court, quashed – Rajasthan Land Acquisition Act, 1953 – Code of Civil Procedure, 1908 – Or.XXIII, r.1(4) – Registration Act, 1908. |
Judge | Hon'ble Mr. Justice Vineet Saran |
Neutral Citation | 2020 INSC 362 |
Petitioner | Firm Rajasthan Udyog & Ors. |
Respondent | Hindustan Engineering & Industries Ltd. |
SCR | [2020] 5 S.C.R. 813 |
Judgement Date | 2020-04-24 |
Case Number | 2376 |
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