SUPREME COURT OF INDIA
MR. SANJAY KUMAR, MR. K. VINOD CHANDRAN, JJ
RAIL VIKAS NIGAM LIMITED – Appellant
Versus
M/S. MCML-ECI JOINT VENTURE – Respondent
Petition for Special Leave to Appeal (C) Nos. 12209-12210/2021
ORDER
These special leave petitions were filed against the judgment and order dated 29.01.2021 passed by the High Court for the State of Telangana in I.A. No. 2/2020 in Arbitration Application No. 89/2019, whereby the High Court rejected the review petition filed by the petitioner against the earlier order dated 13.11.2019 passed in Arbitration Application No. 89/2019, appointing an Arbitrator.
No stay was granted by this Court during the pendency of these special leave petitions before this Court.
In consequence, the arbitral proceedings have been going on merrily since then and an order was passed as recently as on 04.02.2026, wherein the learned Arbitrator noted as follows: -
“6. After concluding his submissions at about 12:30 pm, learned counsel submitted that this Tribunal had no jurisdiction to hold arbitration proceedings. He submitted that the judgment and order passed by the Hon'ble High Court of Telangana on 29.01.2021 appointing this Tribunal was under challenge in the Hon'ble Supreme Court and the SLP is coming up for consideration, after notice, on 06.02.2026. Learned counsel frankly acknowledged that no Point for Determination/ Issue had been framed regarding the jurisdiction of this Tribunal, nor was the jurisdiction question raised earlier.”
Learned counsel for the petitioner, after prevaricating for some time, conceded that no application was ever filed alleging lack of jurisdiction of the arbitral tribunal under Section 16 of the Arbitration and Conciliation Act , 1996.
If that be so and if the petitioner submitted to the jurisdiction of the arbitral tribunal without raising such a plea, it is not open to him to seek to turn back the clock at this stage.
The special leave petition is, accordingly, dismissed on that short ground.
Pending application(s), if any, shall stand disposed of.
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