NDLI: M/s Oswal Woollen Mills Ltd. Vs. M/s Oswal Agro Mills Ltd.

Content Provider	Supreme Court of India
e-ISSN	30484839
Language	English
Access Restriction	NDLI
Subject Keyword	Arbitration Act 1940 – ss.3 33 and Art.4 of the First Schedule 30 20
Content Type	Text
Resource Type	Law Judgement
Jurisdiction	India
Act(s) Referred	Arbitration Act, 1940 (10 of 1940)
Case(s) Referred	Referred Case 0 Referred Case 1
Case Type	Appeal
Court	Supreme Court of India
Disposal Nature	Appeal Dismissed
Headnote	Arbitration Act, 1940 – ss.3, 20, 30, 33 and Art.4 of the First Schedule – Disagreement between arbitrators – Reference to Umpire – Issue as to whether Umpire is to hear the matter de novo or from the stage of disagreement between the Arbitrators – Agreement between appellant and respondent – Breach of agreement – Matter referred for Arbitration by two Arbitrators – In view of lack of consensus between the Arbitrators, matter referred to the Umpire – Umpire passed an award in favour of the respondent – Objections filed by appellant, rejected by High Court holding that the appellant did not make any serious endeavour for getting the evidence recorded again before the Umpire and waived the right of de novo trial by conduct – Division Bench dismissed the appeal by appellant – On appeal, held: The very essence of the law of arbitration is to settle the matter efficiently in a time bound manner – When the Umpire enters upon a Reference and replaces the arbitrators, he is needed to review the evidence and submissions only on those matters about which the arbitrators had disagreed – However, if either of the party makes an application for de novo hearing, the Umpire is bound to allow the same, subject to the condition that the application is made at the earliest and is not being used as last armory to turn the case around – An objection on the ground that the Umpire has not reheard the evidence may be waived by the conduct of the parties – In the instant case, the belated application filed by appellant on 29.01.2000 for commencement of proceedings de novo was not asking for re-hearing/re-recording of the evidence but was actually for reviewing the order of the two Arbitrators and thus was nothing but a last armory to turn the case around – Conduct of the appellant amounts to waiver – No infirmity or error in the approach and judgments passed by the courts below – Waiver.Arbitration – ‘De novo’ hearing – Meaning of – Discussed.Interpretation of Statutes – Purposive interpretation – When to be given – Discussed.
Judge	Hon'ble Mr. Justice R.K. Agrawal
Neutral Citation	2018 INSC 337
Petitioner	M/s Oswal Woollen Mills Ltd.
Respondent	M/s Oswal Agro Mills Ltd.
SCR	[2018] 3 S.C.R. 1062
Judgement Date	2018-04-13
Case Number	3776

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1	Ministry of Education (GoI), Department of Higher Education	Sanctioning Authority	https://www.education.gov.in/ict-initiatives
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