Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Ss. 11 and 37(i)(b)-Non-existence of arbitration clause-Plea of- |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Allowed |
Headnote | Arbitration and Conciliation Act, 1996 : Ss. 11 and 37(i)(b) - Non-existence of arbitration clause - Plea of - Held, Not tenable since the aggrieved party had consented to the arbitration of disputes and also proceeded on that basis - Therefore, it cannot be allowed to contend now that contract did not constitute an arbitration agreement.Appellant-Jala Nigam entered into agreement for construction work with the Contractor-respondent No. 1. Dispute arose and the Contractor called upon the Chief Engineer to act as an arbitrator under clause 29 of the contract. The Chief Engineer refused to act as an arbitrator on the ground that the contract did not provide for arbitration. The Contractor filed petition under Section 11 of the Arbitration and Conciliation Act, 1996. The High Court directed the Chief Engineer to act as an Arbitrator. The arbitrator gave directions to both the parties to file statements and counter statements. Both the parties complied with the .directions and ultimately arbitrator gave his award. Aggrieved by the award, Jala Nigam filed a petition under Section 34(2)(v) before Civil Judge. The award was confirmed by the Civil Judge. High Court dismissed the appeal. In appeal to this Court, appellant contended that Clause 29 of the Contract was not an arbitration clause and, therefore the proceedings before the Arbitrator were without jurisdiction for want of arbitration agreement which cannot be cured by appearance of the parties; that even if there was no protest or even if there was a consent of Jala Nigam, consent cannot confer jurisdiction and, therefore, the impugned Award was null and void. |
Judge | Honble Mr. Justice S.H. Kapadia |
Neutral Citation | 2007 INSC 27 |
Petitioner | Krishna Bhagyajala Nigam Ltd. |
Respondent | G. Harischandra Reddy And Anr. |
SCR | [2007] 1 S.C.R. 698 |
Judgement Date | 2007-01-10 |
Case Number | 149 |
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