Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | specific performance Award found unenforceable |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Dismissed |
Headnote | Arbitration Act, 1940-Section 30(c): Award found unenforceable and invalid on the date it is sought to be made a Rule of Court-Held: Cannot be upheld on possibilities and eventualities which might occur in future. Order of Civil Court setting aside arbitral award inter alia on ground of invalidity of the arbitration agreement upheld by High Court and attained finality-Held: Judgement of High Court operated as res judicata between the parties-Civil Court on a subsequent application could not have allowed revival of arbitration proceedings on the same arbitration agreement-Res judicata. Specific Relief Act, 1963-Section 12-Specific performance of part of contract-Property jointly inherited by two brothers and three sisters-No partition between them-The two brothers agreed for sale of the entire property without the sisters being parties to the agreement-Held: The vendee can only obtain undivided interest of the two brothers-:-He cannot invoke S. 12 to obtain sale of undivided share of the two brothers with a right to force partition on the sisters-Hindu Succession Act, 1956. Respondents are two brothers who alongwith their three sisters jointly inherited certain property, viz. land. Respondents wanted to sell the entire property to appellant. They entered into a written sale agreement with him and for deciding the rate at which the property would be sold, agreed for arbitration by a panel of seven named arbitrators. The arbitrators passed an unanimous Award. Appellant filed application before the Civil Court for making the Award the Rule of Court, but the Civil Court set aside the Award. That order was upheld in appeal before High Court. Claiming that the arbitral award was set aside but the arbitration agreement was not superseded, appellant filed an application before the Civil Court for reconstitution of the panel of arbitrators by substituting one arbitrator in place of an arbitrator who, in the intervening period, had died. Civil Court allowed the application. The newly constituted panel of arbitrators passed a second award. Appellant filed application for making the second award a Rule of the Court. Respondents did not file any application to set aside the second award and instead filed revision petition before High Court against the subsequent order of Civil Court by which substitution in place of the deceased arbitrator was allowed and arbitration was revived. High Court set aside the subsequent order of Civil Court holding that the arbitration agreement cannot be allowed to be re-invoked for revival of the arbitration proceedings. Hence the present appeal. |
Judge | Hon'ble Mr. Justice D.M. Dharmadhikari |
Neutral Citation | 2005 INSC 133 |
Petitioner | Shanmughasundaram And Ors. |
Respondent | Diravia Nadar (d) By Lrs. And Anr. |
SCR | [2005] 2 S.C.R. 649 |
Judgement Date | 2005-03-11 |
Case Number | 3117 |
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