Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | ARBITRATION AND CONCILIATION ACT 1996 Termination of arbitration proceedings |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Dismissed |
Headnote | ARBITRATION AND CONCILIATION ACT, 1996: ss.14, 32 - Termination of arbitration proceedings by arbitrator on the ground that the claimant did not take interest in the matter and did not pay the fees - Fresh application u/s. 11 for appointment of arbitrator - Dismissed as not maintainable on the ground that remedy lies in invoking writ jurisdiction and not application u/s. 11 - Held: The order by which the Arbitral Tribunal terminated the arbitral proceedings could only fall within the scope of s.32(2)(c) i.e. the continuation of the proceedings has become impossible - By virtue of s.32(3), on the termination of the arbitral proceedings, the mandate of the Arbitral Tribunal also comes to an end - Having regard to the scheme of the Act and more particularly on a cumulative reading of s. 32 and s. 14, the question whether the mandate of the arbitrator stood legally terminated or not can be examined by the court as provided u/s. 14(2) - The apprehension of the appellant that they would be left remediless is without basis in law - The appellants are at liberty to approach the appropriate court for the determination of the legality of the termination of the mandate of the Arbitral Tribunal. |
Judge | Hon'ble Mr. Justice Jasti Chelameswar |
Neutral Citation | 2014 INSC 163 |
Petitioner | Lalitkumar V. Sanghavi (d) Th. Lrs. Neeta Lalit Kumar Sanghavi & Anr. |
Respondent | Dharamdas V. Sanghavi & Ors. |
SCR | [2014] 3 S.C.R. 558 |
Judgement Date | 2014-03-04 |
Case Number | 3148 |
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