Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Arbitration Act J 940: Sections 30 and J 4(2 |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Allowed |
Headnote | Sections 30 and 14(2)-Dispute between parties-Appointment of Arbitrator-Appointed Arbitrator transferred-However, he continued with the proceedings and passed an award-Parties participated in arbitration proceedings without any protest-Party against whom award passed filed objection that award not binding as only the successor of appointed Arbitrator should have taken over the proceedings and passed award-Right to objection whether merits consideration-Held, such a case is not in disregard of any provisions of law but breach of agreement-Thus by their conduct parties would be deemed to have waived their right to challenge validity of proceedings and the award.Respondent-Housing Board filed civil suits against the appellant-Contractor. Court appointed Superintending Engineer as Arbitrator for settlement of disputes. Arbitration proceedings commenced. Arbitrator was transferred, but still he continued with the arbitration proceedings and later on passed an award. Executive Engineer representing the Board, though conscious of the transfer of the Arbitrator, continued to attend the arbitration proceedings with his counsel, and even filed affidavit in support of the claim of the Board and adduced evidence. Thereafter, appellant-Contractor filed applications for making award rule of the Court. Respondent-Board objected on the ground that as the appointed Arbitrator was transferred, he had no authority and jurisdiction to further continue with the arbitration proceedings. Trial Court rejected the objections and directed the award to be made rule of the Court. Appellate Court upheld the order. However, High Court set aside the order. Hence the present appeal.Appellants contended that by its conduct in participating in the arbitration proceedings, the Board had acquiesced to the continuance of the Arbitrator after his transfer and so it was not open to it to challenge the same. Respondent contended that the Arbitrator could not have continued with the arbitration proceedings and given the award after his transfer and only the successor could have continued from that stage and rendered the award. |
Judge | Hon'ble Mr. Justice B.N. Agrawal |
Neutral Citation | 2002 INSC 96 |
Petitioner | Inder Sain Mittal |
Respondent | Housing Board Haryana And Ors. |
SCR | [2002] 2 S.C.R. 5 |
Judgement Date | 2002-02-21 |
Case Number | 1398-99 |
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