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CHHATTISGARH HIGH COURT
R. S. Garg, J
South Eastern Coalfields Limited – Appellant
Versus
M/s. Sarvatra Road Runners (Pvt.) Ltd. – Respondent
| Table of Content |
|---|
| 1. issue of arbitrator's jurisdiction over unreferenced claims. (Para 1 , 2) |
| 2. establishment of facts regarding the arbitration agreements. (Para 3 , 4 , 5) |
| 3. arguments concerning the boundaries of claims in arbitration. (Para 10 , 11 , 22) |
| 4. clarification of control exercised by referring court over arbitrator's powers. (Para 23 , 25) |
| 5. final awarding decision and modifications in favor of limited claim. (Para 26 , 27 , 28) |
1. A short but interesting question which arises in these appeals is whether the Arbitrator could entertain the claims and disputes which had not been referred to him by the referring Court.
2. At the outset, it would be pertinent to mention that these appeals relate to the proceedings which took place before the year 1995 and therefore, it is not disputed before us that the act governing these appeals would be the Arbitration Act, 1940 (hereinafter referred to as 'the Act') and not the Arbitration and Conciliation Act, 1996.
3. The facts relevant for decision of the case are that in the year 1981, M/s. Sarvatra Road Runners (Pvt.) Ltd. (hereinafter referred to as 'the Claimant') entered into a contract with the South Eastern Coalfields Limited (
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