Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | 1996 - s.25(a Arbitration and Conciliation Act |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Dismissed |
Headnote | Arbitration and Conciliation Act, 1996 - s.25(a) - Arbitraltribunal appointed with the consent of the parties, directed therespondent-claimant to file its statement of claim - Statement of claimnot filed by respondent -Arbitral tribunal terminated the proceedingsuls.25(a) - Application filed by respondent before arbitral tribunalpraying for recall of order terminating the proceedings, stating thereasons for non-filing of the statement of claim - Appellantquestioned the maintainability of said application on the groundthat arbitral tribunal has become functus officio in view of termination of the proceedings u/s.25(a), hence the arbitral tribunal cannotrecall its order terminating the proceedings - Arbitral tribunalaccepted the preliminary objection raised by appellant and rejectedrespondents application holding that in view of the orderterminating the proceedings, he cannot pass an order recommencing Ethe arbitration proceedings - Revision petition filed by respondent,allowed by High Court which held that arbitral tribunal has powerto recall its own order and remitted the matter back to arbitraltribunal to decide the application filed by respondent on merits -On appeal, held: Arbitra/ tribunal does not become functus officioafter passing order u/s.25(a) - There is no lack of jurisdiction in Farbitral tribunal to recall the earlier order, terminating theproceedings, on sufficient cause being shown - Jn the instant case,arbitral tribunal committed error in holding that it has no jurisdictionto recall its order terminating the proceedings u/s.25(a) - Arhitraltribunal to consider the application filed by respondent for recall Gof order terminating the proceedings. |
Judge | Hon'ble Mr. Justice Ashok Bhushan |
Neutral Citation | 2017 INSC 967 |
Petitioner | Srei Infrastructure Finance Limited |
Respondent | Tuff Drilling Private Limited |
SCR | [2017] 12 S.C.R. 933 |
Judgement Date | 2017-09-20 |
Case Number | 15036 |
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