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2010 Supreme(Online)(SC) 51
SUPREME COURT OF INDIA
H.K. SEMA, A.K. MATHUR, JJ
Mathur D. S. and Another v. Uttar Pradesh State Industrial Development Corporation Limited and Others
Not specified
The High Court clarified the status of an order to be treated as an award under the Arbitration and Conciliation Act, ensuring proper legal merit is observed in applications.
Headnote:The present matter deals with the application under S.34 of the Arbitration and Conciliation Act, 1996 concerning the order by the District Magistrate, Ghaziabad. The court determined that the order should be treated as an award, and the prior dismissal should be revisited on merits. The High Court urged that due process must be followed with respect to this application, allowing for relevant legal arguments to be presented. Ultimately, the court directed the District Judge to resolve the matter quickly.
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| 1. the court evaluates the applicability of the arbitration act regarding the nature of the order. (Para 1 , 2) |
| 2. the court directs procedural adherence for expediting pending matters. (Para 3 , 4) |
1. Heard the parties. In this case, notice confined to the question as to why the order dated 31-12-1999 passed by the District Magistrate, Ghaziabad / arbitrator be not treated as an award and the application under S.34 of the Arbitration and Conciliation Act, 1996 preferred before the District Judge should have been decided on merits and should not have been dismissed as simply not maintainable.
2. The learned District Judge has dismissed the application merely on the ground that it is not maintainable. The High Court was of the view that the order impugned is appealable under S.37 of the Arbitration and Conciliation Act, 1996 and, therefore, the remedy to the petitioner is to move an application under S.34 of the Act.
3. This being the position, we now dispose of this petition with a direction to the District Judge, Ghaziabad to treat the order dated 31-12-1999 as an award and an application filed under S.34 of the Arbitration and Conciliation Act, 1996 before it should be treated as objections to the award and the same shall be decided on merit.
4. For the convenience of the parties, we fix 4-7-2006 for the appearance of the parties. We make it clear that the parties shall be at liberty to agitate any point of law before the District Judge, Ghaziabad. The orders passed by the High Court and by the District Judge are, accordingly, set aside. Since the matter is pending for quite some time the District Judge, Ghaziabad shall dispose of the petition expeditiously.
