Back
SHEKHAR B. SARAF
West Bengal Housing Board – Appellant
Versus
Abhisek Construction – Respondent
JUDGMENT :
Shekhar B. Saraf, J.
1. The instant application has been filed by the petitioner, West Bengal Housing Board (‘award debtor’), under Section 34 of the Arbitration & Conciliation Act, 1996 (hereinafter referred to as ‘the Act’ and/or the ‘the principal Act’) seeking to set aside an arbitral award dated December 21, 2018 passed by the sole arbitrator Mr. Santanu Basu Rai Chaudhuri.
2. The respondent in the instant application is M/s. Abhisek Construction (‘award holder’).
3. At the very outset, it would be prudent on my part to mention that the instant application has been argued on inherent jurisdictional issues pertaining to the eligibility of the arbitrator to enter reference in the first place. The petitioner / award debtor has prayed for setting of the arbitral award on the ground that the award was passed by a unilaterally appointed arbitrator. It is to be noted that the challenge under the aforesaid ground was not present when the instant application was originally filed on March 15, 2019 and becomes available subsequently due to judicial interpretations on the posit
The 2015 Amendment to the Arbitration and Conciliation Act is prospective. Section 12(5) regarding arbitrator ineligibility does not apply to arbitral proceedings commenced prior to 23.10.2015, and a....
The Amendment Act, 2015 is prospective in nature and will apply to arbitral proceedings commenced after its commencement. The notice invoking arbitration issued prior to the Amendment Act, 2015 and t....
The main legal point established in the judgment is the retrospective application of the amended provisions of the Arbitration and Conciliation Act, 1996, and the emphasis on the neutrality and impar....
A unilateral appointment of an arbitrator by a party interested in the dispute is null and void under Section 12(5) of the Arbitration and Conciliation Act, 1996, as amended in 2015.
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
