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2021 Supreme(Bom) 1048

R.D.DHANUKA, V.G.BISHT
Jatin Pratap Desai – Appellant
Versus
A. C. Chokshi Share Broker Private Limited – Respondent


Advocates appeared:
Simil Purohit, Advocate, Vishal Pattabiraman, Advocate, M/S Purohit And Co, Advocate, Sharan Jagtiani, Advocate, Raghav Gupta, Advocate, Jyoti Pardeshi, Advocate, M/S Wadia Ghandy And Co, Advocate

Judgement Key Points

Key Points: - The arbitral tribunal lacks inherent jurisdiction to adjudicate a claim against a third party for a private transaction not governed by the arbitration clause. [4000662320095] - There is misjoinder of parties in the arbitration under Bye-law 248(a), where claims arise from private transactions not on the floor of the exchange. [4000662320093] - For third-party impleadment, arbitration under Bye-law 248(a) requires disputes between specified parties arising from dealings on the floor of the Exchange; consent alone cannot confer jurisdiction over a non-party to the arbitration agreement. [4000662320075][4000662320061] - Bye-law 248(a) restricts arbitrable disputes to those arising from dealings, transactions, and contracts made subject to Exchange rules; private transactions fall outside unless covered by the applicable arbitration clause. [4000662320060][4000662320063] - The award against a third party for a private transaction not covered by the arbitration clause constitutes lack of inherent jurisdiction. [4000662320091]

How to determine whether an arbitral tribunal has inherent jurisdiction to adjudicate a claim against a third party arising from a private transaction not governed by an arbitration clause?

What is the effect of misjoinder of parties in an arbitration under Bye-law 248(a) of the Stock Exchange, Mumbai?

What are the conditions under which a third party can be impleaded as a respondent in statutory arbitration under Bye-law 248(a) and when is consent of the parties insufficient to confer jurisdiction?


JUDGMENT

R.D. Dhanuka, J. - By this Appeal filed under Section 37 of the Arbitration and Conciliation Act, 1996 ( for short, " Arbitration Act"), the appellant (original Petitioner) has impugned the order dated 23rd August, 2005 passed by the learned single Judge dismissing the Arbitration Petition No. 309 of 2004 filed by the appellant.

2. Some of the relevant facts for the purpose of deciding this Appeal are as under:-

The appellant as well as the respondent no.2 were the constituents of the respondent no.1. Respondent no.1 is carrying on business of share and stock broker and is a registered Member of the Bombay Stock Exchange under the Bye-laws, Rules and Regulations of the Bombay Stock Exchange. Respondent no.2 is wife of the appellant and was a separate constituent of respondent no.1.

3. Sometime in the year 1999, the appellant had executed an individual Client Registration Application form as per the format given by the respondent no.1 to carry on transactions on the Bombay Stock Exchange for the purchase and sale of various shares. Respondent no.1 did not execute a client broker agreement with the appellant but had executed an individual client registration application form da

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