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

1977 Supreme(HP) 7

T.U.MEHTA
EASTERN COMMERCIAL CORPORATION – Appellant
Versus
STATE OF H. P. – Respondent


Advocates Appeared:
R.N. Malhotra and Mrs. P. Malhotra, for Claimants H.K. Paul. Asst, Advo­cate General, for Respondent.

ORDER

1. By a previous order both these matters are ordered to be heard together.

2. O.M.P. No. 56 of 1973 arises out of the interim order passed by the arbitra­tor on 29-3-1973 staying the recovery of the royalty amount of Rs. 44,390.10 till the disposal of the arbitration proceed­ings between the parties pending before him. The case of the State which has felt aggrieved by this order is that the arbitrator has no jurisdiction to pass such interim order in the pending arbi­tration proceedings and, therefore, the above referred order of the arbitrator should be quashed under S. 31 of the Indian Arbitration Act, 1940.

3. O.M.P. No. 99 of 1973 is also prefer­red by the State claiming for extension of time under S. 28 of the Arbitration Act. This prayer of the State for exten­sion of time under S. 28 of the Arbitra­tion Act is not resisted by the claimants and should, therefore, be allowed.

4. So far as O.M.P. No. 56 of 1973 is concerned, the claimants had raised a preliminary objection challenging the jurisdiction of this Court and contending that it was the High Court of Delhi which had jurisdiction to entertain such applications. Point arising out of this contention was referred to a D
























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