Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | 1996 - s.34(4) -Appellants entered into an agreement with respondent - Disputes arose between the parties Arbitration and Conciliation Act |
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 - s.34(4) -Appellants entered into an agreement with respondent - Disputes arose between the parties - Respondent invoked arbitration proceedings ,... Arbitrator passed award allowing the claim of respondent - Appellants filed application u/s.34 for setting aside the award - Single Judge of High Court set aside the impugned award with the finding that it did not disclose any reason in support thereof - Division Bench affirmed the finding and conclusion recorded by Single Judge 'however, suo motu relegated the parties before the Arbitral Tribunal, in absence of any application filed by the parties to the arbitration proceedings and directed the Arbitrator to assign reason to support award passed by him - Propriety of - Held: No power has been invested by the Parliament in the Court to remand the matter to the Arbitral Tribunal except to adjourn the proceedings for limited purpose mentioned u/s.34(4) - The limited discretion available to the Court under s.34(4) can be exercised only upon a written application made in that behalf by a party to the arbitration proceedings - Respondent failed to make such a request before Single Judge in the first instance and also failed to do so before Division Bench - The Court cannot exercise this limited power of deferring the proceedings before it suo motu - Further, the quintessence for exercising power u/s. 34(4) is that the arbitral award has not been set aside - In the instant case, Division Bench affirmed the conclusions recorded by the Single Judge and dismissed the appeal preferred by the respondent, thus the award was set aside on that count - Impugned direction of High Court suffers from jurisdictional error and thus cannot be sustained. |
Judge | Hon'ble Mr. Justice A.M. Khanwilkar |
Neutral Citation | 2017 INSC 1281 |
Petitioner | Kinnari Mullick And Another |
Respondent | Ghanshyam Das Damani |
SCR | [2017] 6 S.C.R. 657 |
Judgement Date | 2017-04-20 |
Case Number | 5172 |
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