Content Provider | Supreme Court of India |
---|---|
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(s) Referred | Referred Case 0 |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Allowed |
Headnote | Arbitration and Conciliation Act, 1996 – ss.8, 11(6), (6A), (7) – Petition filed by respondent u/s.11(6) for appointment of a Sole Arbitrator on the basis of an alleged Consultancy Agreement – Appellant denied execution of the Agreement – High Court held that there was an Arbitration Agreement between the parties and a Sole Arbitrator was appointed to adjudicate the disputes between the parties – On appeal, held: Certain emails and correspondence do show that there was some dealing between the appellant and the respondent qua a tender floated by South Bihar Power Distribution Company Ltd. (SBPDCL) – However, that is not sufficient to conclude that there was a concluded contract between the parties containing an arbitration clause – A deeper consideration of whether an arbitration agreement exists between the parties must be left to an Arbitrator who is to examine the documentary evidence produced before him in detail after witnesses are cross-examined on the same – Impugned judgment in so far as it conclusively finds that there is an Arbitration Agreement between the parties, set aside – However, the ultimate order appointing a retired Judge the Sole Arbitrator is upheld – Arbitrator to first determine the preliminary issue as to whether an Arbitration Agreement exists between the parties and decide the merits of the case only if such an agreement exists – Arbitration and Conciliation (Amendment) Act, 2015. Arbitration and Conciliation Act, 1996 – ss.8, 11, 11(6), 11(6A), 11(7), 37 – Law Commission Report – Arbitration and Conciliation (Amendment) Act, 2015 – Orders appealable under the Act – Held: By a process of judicial interpretation, Vidya Drolia v. Durga Trading Corporation reported as (2021) 2 SCC 1 read the “prima facie test” into s.11(6A) so as to bring the provisions of ss.8(1) and 11(6) r/w 11(6A) on par – Considering that s.11(7) and s.37 were not amended, an anomaly arises – In light of what has been decided in Vidya Drolia, the Parliament may need to have a re- look at s.11(7) and s.37 so that orders made u/ss.8 and 11 are brought on par qua appealability as well. Words & Phrases – “existence” in s.11(6A) – Meaning of – Discussed – Arbitration and Conciliation Act, 1996. |
Judge | Hon'ble Mr. Justice R.F. Nariman |
Neutral Citation | 2021 INSC 166 |
Petitioner | Pravin Electricals Pvt. Ltd. |
Respondent | Galaxy Infra And Engineering Pvt. Ltd. |
SCR | [2021] 1 S.C.R. 1162 |
Judgement Date | 2021-03-08 |
Case Number | 825 |
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