P. R. Shah, Shares & Stock Broker (P) Ltd. vs B. H. H. Securities (P) Ltd.

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2011 Supreme(SC) 1015

R.V.RAVEENDRAN, A.K.PATNAIK
P. R. Shah, Shares & Stock Broker (P) Ltd. – Appellant
Versus
B. H. H. Securities (P) Ltd. – Respondent

Judgement Key Points

What is the maintainability of joint arbitration under Mumbai Stock Exchange Bye-Laws where a single arbitration involves a member and a non-member as well as another member? What is the scope of judicial review under Section 34 of the Arbitration and Conciliation Act, 1996 regarding an arbitral award that the tribunal based on market practice or expert knowledge? What is the remedy or appellate availability for disputes arising under Bye-Law 248 (member–non-member) and Bye-Law 282 (member–member) when a common arbitration is permitted by the Exchange?

What is the maintainability of joint arbitration under Mumbai Stock Exchange Bye-Laws where a single arbitration involves a member and a non-member as well as another member?

What is the scope of judicial review under Section 34 of the Arbitration and Conciliation Act, 1996 regarding an arbitral award that the tribunal based on market practice or expert knowledge?

What is the remedy or appellate availability for disputes arising under Bye-Law 248 (member–non-member) and Bye-Law 282 (member–member) when a common arbitration is permitted by the Exchange?

JUDGMENT

R.V. Raveendran, J.

The appellant and the first respondent are members of the Mumbai Stock Exchange, the third respondent herein (‘Exchange’ for short). The constitution, management and dealings of the Exchange are governed by the Rules, Bye-laws and Regulations of the Exchange. The Rules relate to the constitution and management of the Exchange. The Bye-laws regulate and control the dealings, transactions, bargains and contracts of its members with other members and non-members. The Regulations contain the detailed procedure regarding the various aspects covered by the Bye-laws. Though the Rules, Bye-laws and Regulations of the Exchange were not made under any statutory provision, they have a statutory flavour. Bye-laws 248 to 281D provide for and govern the arbitration between members and non-members and Bye-laws 282 to 315L provide for and govern the arbitration between members of the Exchange.

2. The first respondent raised and referred a dispute against the second respondent and the appellant under the Rules, Bye-Laws and Regulations of the Mumbai Stock Exchange on 29.8.1998 (Arbitration Reference No.242/1998) seeking an award for a sum of ‘ 36,98,384.73 with interes

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2011 Supreme(SC) 1015

R.V.RAVEENDRAN, A.K.PATNAIKP. R. Shah, Shares & Stock Broker (P) Ltd. – AppellantVersusB. H. H. Securities (P) Ltd. – Respondent

What is the maintainability of joint arbitration under Mumbai Stock Exchange Bye-Laws where a single arbitration involves a member and a non-member as well as another member?

What is the scope of judicial review under Section 34 of the Arbitration and Conciliation Act, 1996 regarding an arbitral award that the tribunal based on market practice or expert knowledge?

What is the remedy or appellate availability for disputes arising under Bye-Law 248 (member–non-member) and Bye-Law 282 (member–member) when a common arbitration is permitted by the Exchange?

Cases Referred (1)

R.V.RAVEENDRAN, A.K.PATNAIK
P. R. Shah, Shares & Stock Broker (P) Ltd. – Appellant
Versus
B. H. H. Securities (P) Ltd. – Respondent