Back
IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA
HON'BLE MS. JUSTICE JYOTSNA REWAL DUA
Chief General Manager H.P. Telecom Circle – Appellant
Versus
Kashmir Singh (Government Contractor) – Respondent
| Table of Content |
|---|
| 1. dispute and arbitration process background. (Para 1) |
| 2. issues surrounding jurisdiction for arbitration objections. (Para 2 , 4 , 6) |
| 3. clarification of judicial vs. administrative powers under section 11. (Para 3) |
| 4. judicial power exercised by chief justice and jurisdictional implications. (Para 5) |
| 5. court’s ruling on jurisdiction over objections against arbitral awards. (Para 7) |
JUDGMENT :
Jyotsna Rewal Dua, J.
Background of the case A dispute arose between Sh. Kashmir Singh, a Government Contractor and the Telecom Department in relation to two works awarded to him in Division Mandi Himachal Pradesh. Sh. Kashmir Singh moved two Arbitration Case Nos. 37 & 38 of 2019 under Section 11 (6) of the Arbitration and Conciliation Act, 1996 (in short ‘the Act’) for appointment of arbitrator. Considering total value of claim in both cases at around Rs. 11 lacs, a learned Advocate was appointed as arbitrator for deciding both the claims. The arbitrator entered into the references and passed separate awards in two cases on 11.11.2022 directing the Telecom Department topay Rs. 4,40,521/- alongwith interest @ 6% p.a. from the date of filing of the claim petition in one claim and R
The High Court's appointment of an arbitrator under Section 11(6) does not grant it jurisdiction over objections to the arbitral award under Section 34; objections must be heard in the proper princip....
The designated seat of arbitration establishes exclusive jurisdiction for related applications, affirming that the Commercial Court in Ranchi has jurisdiction over Section 34 applications.
The High Court has the authority to extend the mandate of the Arbitrator if the arbitration proceeding could not be concluded within a reasonable time, as per Section 29A of the Arbitration and Conci....
(1) A defect of jurisdiction, whether it is pecuniary or territorial, or whether it is in respect of subject matter of action, strikes at very authority of Court to pass any decree, and such a defect....
Point of law: Where any disputes arise between parties in respect of or in connection with the agreement then parties shall first endeavour to conciliate the disputes failing which the same shall be ....
The jurisdiction for appointing an arbitrator lies with the court where the principal agreement was executed, as per Section 11(6), despite a venue specified in an ancillary agreement.
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
