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IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH, NAGPUR
HON'BLE SMT. JUSTICE MUKULIKA SHRIKANT JAWALKAR
Municipal Council, Bhandara – Appellant
Versus
J.H. Construction Pvt. Ltd, Nagpur – Respondent
JUDGMENT :
1. Heard learned Counsel for petitioner and learned Counsel for respondent.
2. The respondent filed his reply. By way of this reply, preliminary objection is raised by the respondent that petition is not maintainable. It is contended that in view of the scheme of the Arbitration and Conciliation Act,1996 (hereinafter referred as ‘the Arbitration Act’), does not permit challenge to the interlocutory orders under Article 226/227 of the Constitution of India. It is submitted that the Hon’ble Apex Court has time and again emphasized that except where Section 37 specifically provides a right of appeal, the aggrieved party must await for the final award to raise challenges to interim orders. Such challenges can then be raised in proceedings under Section 34 of the Arbitration Act. The Arbitral Tribunal being a forum chosen by parties through agreement, must be allowed to function without premature judicial intervention.
3. The primary challenge of the petitioner relates to the learned Arbitrator’s decision to exhibit certain documents of the answering respondent, subject to the petitioner’s objections, to be decided at the time of final hearing. It is contention of the petitioner
Challenges to interlocutory orders of an Arbitral Tribunal must await the final award, as per the Arbitration and Conciliation Act, 1996.
Challenges to interlocutory orders in arbitration proceedings are not maintainable under Article 226/227 unless specifically provided by law, emphasizing minimal judicial intervention.
Judicial intervention in arbitration is restricted; parties can only challenge interim orders in specific circumstances post-award under the Arbitration Act.
Doctrine of precedent is limited to the decision itself and as to what is necessarily involved in it. It does not mean, it was held, that the court was bound by the various reasons given in support o....
Once arbitration has commenced in the arbitral tribunal, parties have to wait until the award is pronounced unless, of course, a right of appeal is available to them under Section 37 of the Act even ....
A party to arbitration proceedings has a remedy to challenge the award passed in such proceedings under Section 34 of the 1996 Act.
The Arbitral Tribunal has the power to rule on its own jurisdiction, including ruling on any objections with respect to the existence or validity of the arbitration agreement, and for that purpose, a....
Section 12 sets out grounds of challenge to person appointed as arbitrator and duty of an arbitrator appointed, to disclose any disqualification he may have.
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