Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Commencement of arbitration proceeding Effect of repealing provision Arbitration and Conciliation Act 1996 ss. 21and 85 |
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. 21 and 85-Commencement of arbitration proceedings-Effect of repealing provision-Arbitrator appointed by order dated 19.5.1995-Award made on 19.8.1996-Parties neither accepted nor proceeded on the basis of 1996 Act-Held, provisions of 1940 Act would govern the proceedings-High Court would consider objections under ss. 30 and 33 of 1940 Act on merits-Arbitration Act, 1940-ss. 30 and 33-Resjudicata-Consumer Protection Act, 1986. In a complaint filed before the National Consumer Disputes Redressal Commission, the National Commission, at the request of the parties referred the dispute for consensual adjudication by arbitration. The arbitrator was appointed by order dated 19.5.1995. Award was made on 19.10.1996. The National Commission accepted the award. The appellants filed an appeal before the Supreme Court. The Court by its order dated 16.1.2003 held that the Commission was required to decide the complaint on the basis of evidence and not by referring it to arbitrator. However, the Court observed that it would be open to the "respondent to enforce the award under the provisions of Arbitration and Conciliation Act, 1996. The respondent filed an application for execution. The appellant filed objections. The Single Judge of the High Court rejected the objections on the ground, inter alia, that the Supreme Court in its order dated 16.1.2003 did not grant liberty to challenge the award. It was also observed that the Arbitration and Conciliation Act, 1996 having been passed on 19.10.1996 would apply. On appeal, the Division Bench of the High Court directed the parties to seek clarification of the order dated 18.1.2003. Aggrieved, the appellants filed the present appeal. Allowing the appeal and remanding the matter to the High Court, the Court. |
Judge | Hon'ble Mr. Justice S.B. Sinha |
Neutral Citation | 2005 INSC 261 |
Petitioner | Neeraj Munjal And Ors |
Respondent | Atul Grover Minor And Anr. |
SCR | [2005] Supp. (1) S.C.R. 11 |
Judgement Date | 2005-05-05 |
Case Number | 3100 |
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