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RAVI KRISHAN KAPUR
Board Of Trustees For The Syama Prasad Mookerjee Port – Appellant
Versus
Marinecraft Engineers Private Limited – Respondent
JUDGMENT
Ravi KrishanKapur, J. - This is an application under Section 34 of the Arbitration and Conciliation Act, 1996 ('the Act').
2. The petitioner assails an order dated 12 May, 2021 which is described as an interim award passed by The Micro Small and Medium Enterprise Facilitation Council ('The Council'). By the impugned order, the objection raised by the petitioner in respect of jurisdiction of the Council to entertain the disputes referred to the Council has been rejected.
3. The brief facts of this case are that, the petitioner had published a tender dated 29 March, 2011 for Four Yearly Survey and Dry Dock Repair of Tug Bijoy Singha situated at Marine Operation Division at the Haldia Dock Complex. The respondent participated in the tender and was awarded the bid. Thereafter, a work order dated 22 November, 2011 was issued to the respondent.
4. The disputes between the parties pertain to the deductions made by the petitioner under diverse heads from the moneys which were due and payable to the respondent. The respondent being a unit entitled to the benefits of the Micro Small and Medium Enterprises Development Act, 2006 (MSMED Act) referred the disputes to the Council under Secti
The impugned order was not an interim or final award, and therefore not subject to challenge at that stage of the proceedings.
The exclusive jurisdiction of the court as per the arbitration agreement revives post-award, and failure to follow statutory procedures under the MSMED Act warrants the award's annulment.
The Commercial Court does not have jurisdiction to entertain a challenge to the rejection of an application filed under Section 16 of the Arbitration and Conciliation Act, 1996, as the remedy availab....
The jurisdiction to challenge an award under Section 34 of the Arbitration Act is governed by the exclusive jurisdiction clause in the parties' agreement, not by the MSMED Act.
An order of an arbitral tribunal rejecting a plea of lack of jurisdiction under Section 16(2) of the Arbitration and Conciliation Act, 1996 is not an interim award amenable to challenge under Section....
The exclusive jurisdiction clause agreed between the parties determines the territorial jurisdiction of the Court to entertain a petition challenging an arbitral award.
The court established that challenges to an arbitrator's jurisdiction under Section 16 can only be raised after a final award, not as an interim appeal.
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