Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Arbitration Act 1940 |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Dismissed |
Headnote | Arbitration-Award-Set aside by appellate authority-Effect of-Company filing award before High Court for being made rule of the Court- Simultaneously Government challenging the award before appellate authority which set aside the award-Consequently, High Court rejecting Company's application for making the award as rule of Court-Company challenging order of High Court on the ground that it failed to take into consideration that if order of appellate authority was without jurisdiction, the same being a nullity, award could be made rule of the Court-Held, order of the appellate authority could not have been challenged collaterally in the proceedings pending before High Court-It was obligatory on the appellant-company to question validity or otherwise of the order of appellate authority before an appropriate forum by filing an appropriate application in this behalf-As the award had been set aside, High Court was correct in holding that the prayer for making the award a rule of Court could not be granted-Since the award has already been remitted to the arbitrator, he is directed to make a fresh award. |
Judge | Hon'ble Mr. Justice S.B. Sinha Honble Mr. Justice S.H. Kapadia Honble Mr. Justice V.N. Khare |
Neutral Citation | 2004 INSC 86 |
Petitioner | M/s. Uptron India Ltd. |
Respondent | Union Of India And Anr. |
SCR | [2004] 2 S.C.R. 199 |
Judgement Date | 2004-02-05 |
Case Number | 1712 |
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