SupremeToday Landscape Ad
Back
Next
Judicial Analysis Court Copy Headnote Facts Arguments Court observation
judgment-img

1998 Supreme(Raj) 192

SHIV KUMAR SHARMA
Union of India – Appellant
Versus
Girdhari Lal – Respondent


Advocates Appeared:
J.P. Joshi & V.K. Mathur, for Petitioners K.N. Joshi & Rajesh Joshi, for Non- Petitioners

Honble SHARMA, J.–Common question that cropped up for consideration in all the three revisions, is whether the District Judge designated by the Chief Justice, as ``authority to deal with the request for taking necessary measures under sub-section (6) of Section 11 of the Arbitration and Conciliation Act 1996, is subordinate to the High Court within the meaning of Section 3 of the Code of Civil Procedure (for short CPC) for making its order revisable under Section 115 CPC ?

(2). The question arises in the following circumstances–

(i) In connection with the contract works certain dispute arose between the Union of India and the contractor non- petitioners. Thereafter claims were referred to the Arbitrator. While the proceedings were in progress before the Arbitrator, the Contractor non-petitioners submitted applications under Section 11 of the Arbitration and Conciliation Act, 1996 (for short the New Act) before the District Judge Jodhpur praying therein that the scope of Arbitration be expanded with a direction to the Arbitrator to take cognizance of all the claims.

(ii) The learned District Judge Jodhpur vide order dated December 19, 1997 allowed the application and issued directions






















































Click Here to Read the rest of this document

1
2
3
4
5
6
7
8
9
10
11
SupremeToday Portrait Ad
supreme today icon
logo-black

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

qr

Scan Me!

India’s Legal research and Law Firm App, Download now!

For Daily Legal Updates, Join us on :

whatsapp-icon telegram-icon
whatsapp-icon Back to top