D.P.WADHWA, RUMA PAL
P. Anand Gajapathi Raju – Appellant
Versus
P. V. G. Raju (Dead) – Respondent
The Supreme Court allowed the joint application and referred all parties to arbitration before Justice S. Ranganathan, a retired Judge of the Court, as the sole Arbitrator, pursuant to the arbitration agreement executed during pendency of the appeal.[1000044920001][1000044920007][1000044920008] No orders were passed on I.As. 3 and 4. (!) The Court held that submission of the first statement on the substance of the dispute did not bar referral where the party bringing the original action raised no objection.[1000044920004] It interpreted the phrase "which is the subject of an arbitration agreement" in Section 8 to permit agreements formed during pendency of proceedings.[1000044920005] (!) Referral was obligatory under the peremptory language of Section 8 upon satisfaction of its conditions, as the subject matter fully aligned with the agreement's scope.[1000044920004][1000044920007] Nothing remained to be decided in the original action or appeal, which stood disposed of accordingly, with no need for stay of proceedings or further orders. (!) [1000044920007][1000044920008] (!) All rights, obligations, and remedies were thereafter governed exclusively by the Arbitration and Conciliation Act, 1996, including challenges to any arbitral award before the court defined in Section 2(e).[1000044920007]
ORDER
No orders on I.As. 3 and 4.
2. During the pendency of this appeal all the parties have entered into an arbitration agreement. They have agreed to refer their disputes in this appeal and others to Justice S. Ranganathan, a retired Judge of this Court as sole Arbitrator. The arbitration agreement is in the form of an application and has been signed by all the parties and meets the requirements of Section 7 of the Arbitration and Conciliation Act, 1996 (new Act).
3. The question that arises for consideration is whether this Court in appeal can refer the parties to arbitration under the new Act. The Arbitration Act, 1940 expressly provided for the parties to a suit to apply for an order of reference of the subject matter of the suit (see Sections 21 to 25, Chapter IV relating to arbitration in suits). There is also authority for the proposition under the 1940 Act that with the reference of the disputes, the suit itself may stand disposed of.
4. Part I of the new Act deals with domestic arbitrations. Section 5, which is contained in Part I of the new Act, defines the extent of judicial intervention in arbitration proceedings. It says that notwithstanding anything contained in any othe
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