Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Arbitration and Conciliation Act 1996 |
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 - Arbitrability of dispute -Agreement entered into between the appellant and respondent for execution of work - Disputes arose between the parties - Appellant filed an application uls.11 (6) for appointment of Arbitrator - Arbitrator appointed - Award passed by Arbitral Tribunal challenged by respondent which was dismissed by Single Judge of High court - Order of Single Judge challenged by respondent before Division Bench contending that the dispute could o. not be adjudicated by Arbitral Tribunal as the appellant had issued a 'No Claims Certificate' lo the respondent. thereby he forfeited his right for any claim from the respondent - Order of Single Judge and the award set aside with a direction for holding fresh reference by Arbitral Tribunal- On appeal, held: Issue relating to arbitrability of the dispute was either raised in the proceeding uls. 11 (6) before E the Chief Justice of High Court 11or before the Arbitral Tribunal or before the Single Judge in the proceedings uls.34 - Party questioning the jurisdiction of the Arbitrator has an obligation to raise the said question before the Arbitrator - Thus, Division Bench was not justified in considering the arbitrability of the disputes for the .first time. Arbitration and Conciliation Act, 1996 - s.31 (7)(a) - Payment of interest -Arbitral Tribunal awarded interest on delayed payments in favour of appellant - Held: This section provides that if the agreement prohibits award of interest for the pre-award period (i.e. pre-reference and pendente lite period), the Arbitrator cannot award interest for the said period - Admittedly, in the instant case, the General Conditions of Contract (GCC) governing the contract between the parties, contained a clause which barred the payment of interest - Thus, appellant is not entitled for any interest on the amount |
Judge | Hon'ble Mr. Justice S. Abdul Nazeer |
Neutral Citation | 2017 INSC 987 |
Petitioner | Sri Chittaranjan Maity |
Respondent | Union Of India |
SCR | [2017] 11 S.C.R. 722 |
Judgement Date | 2017-10-03 |
Case Number | 15545-15546 |
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