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: ss. 31 30 and 33 - Jurisdiction of the Courts |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Disposed Off |
Headnote | Arbitration and Conciliation Act, 1996: ss. 31, 30 and 33 -Jurisdiction of the Courts - Entertainability of application bySupreme Court for making an award passed by the arbitral tribunal,when it retains seisin over arbitral proceeding, as Rule of the Court- Held: Superior court is not expected in law to assume jurisdictionon the foundation that it is a higher court and further opining thatall contentions are open - Solely because a superior court appointsthe arbitrator or issues directions or has retained some control over the arbitrator by requiring him to file the award in this Court, itcannot be regarded as a court of.first instance as that would gocontrary to the definition of the term 'court' as used in the dictionaryclause as well as in s. 31 ( 4) - This Court cannot curtail the right ofa litigant to prefer an appeal by stating that the doors are open tothis Court and to consider it as if it is an original court - Whenarbitrator is not appointed under the Act and the matter is challengedbefore the High Court or, Supreme Court and, eventually, anarbitrator is appointed and some directions are issued, it will be notbe appropriate to say that the superior court has the jurisdiction todeal with the objections .filed u/ss. 30 and 33 - Jurisdiction of a Court conferred under a statute cannot be allowed to shift or becomeflexible because of a superior courts interference in the matter in adifferent manner. |
Judge | Honble Mr. Justice Dipak Misra |
Neutral Citation | 2017 INSC 977 |
Petitioner | The State Of Jharkhand & Ors. |
Respondent | Mis Hindustan Construction Co. Ltd. |
SCR | [2017] 13 S.C.R. 1009 |
Judgement Date | 2017-12-14 |
Case Number | 1093 |
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