VidhiSangh

Supreme Court of India · 03/12/2021

M.P. HOUSING AND INFRASTRUCTURE DEVELOPMENT BOARD & ANR. versus K.P. DWIVEDI

[2021] 11 S.C.R. 1083 · 2021 INSC 816

AI-generated headnote. Verify against the judgment before relying on it. Paragraph numbers refer to the judgment.

Summary

The Court held that a contractor could not bring a fresh statutory arbitration reference for claims already decided by the Housing Commissioner under an unchallenged award. The contractor had sought arbitration, consented to the High Court’s reference and submitted its claims without raising a jurisdictional objection. The award and rejection of a later review had attained finality. While that award stood, identical claims could not be pursued anew before the State tribunal by treating the earlier proceedings as a nullity.

Issues

  1. Whether identical claims could be referred afresh to the State arbitration tribunal while the earlier unchallenged award remained binding.
  2. Whether the contractor could disregard the award as without jurisdiction after consenting to the reference and submitting its claims.

Held

Result

Appeals allowed. The High Court orders directing fresh adjudication were set aside, and the State arbitration tribunal’s orders rejecting the references as not maintainable were restored; no costs.

Judgment PDF: Supreme Court of India, [2021] 11 S.C.R. 1083.