Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Arbitration Specific Relief |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Act(s) Referred | Specific Relief Act, 1963 (47 of 1963) Arbitration and Conciliation Act, 1996 (26 of 1996) |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Dismissed |
Headnote | Arbitration : Arbitration and Conciliation Act, 1996 - Sections 5, 16 and 34 - Two sets of agreements - Main agreement for sale of flats and another for interior decoration, both containing separate arbitration clauses - Main agreement did not specify arbitrator while the other does - By virtue of clause 39 of the main agreement, "connected" matters can be referred to arbitrator - Held : arbitrator appointed under the main agreement has jurisdiction to deal with the questions relating to the interior decoration which is a "connected" matter - Arbitrator can grant specific relief since there is no bar in the Specific Relief Act of Arbitration Act - Questions of fact do not fall within the purview of Section 34(2) (b) (ii) - Court cannot interfere under Section 34(2) (b) since the award is not in conflict with public policy not being induced or affected by fraud or corruption and subject matter not incapable of being settled by arbitration under the law in force at the relevant time - Tribunal, under S 16, can decide on validity of arbitration clause and entertain question of jurisdiction at any time during the proceedings - If jurisdiction is upheld, Tribunal will proceed to make the award - Arbitration clause is independent of the other term of the contract and any decision of the arbitral tribunal on validity of the contract does not ipso facto affect the validity of the arbitration clause. Specific Relief - Right to specific performance arises out of a contract - Parties can agree to refer the issues relating to specific performance to arbitrator to shorten the litigation and he can grant such a relief - Section 34(2) (b) (i) will not attracted. |
Judge | Hon'ble Mr. Justice M. Jagannadha Rao |
Neutral Citation | 1999 INSC 240 |
Petitioner | Olympus Superstructures Pvt. Ltd. |
Respondent | Meena Vijay Khetan And Ors. |
SCR | [1999] 3 S.C.R. 490 |
Judgement Date | 1999-05-11 |
Case Number | 2912 |
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