VidhiSangh

Supreme Court of India · 14/12/2017

THE STATE OF JHARKHAND & ORS. versus MIS HINDUSTAN CONSTRUCTION CO. LTD.

[2017] 13 S.C.R. 1009 · 2017 INSC 977

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

Summary

A larger Bench held that the Supreme Court cannot assume original jurisdiction over objections to an arbitration award merely because it appointed the arbitrator, retained control or directed filing of the award before it. Under the1940Act, the competent statutory court must decide post-award proceedings, preserving the legislatively conferred appeal. Contrary precedents were overruled.

Issues

  1. Whether retention of control over arbitration enables the Supreme Court to entertain an application making the award a rule of court.
  2. How statutory court jurisdiction and the vested right of appeal constrain that approach.

Provisions considered

Held

Result

Appeal disposed of without costs. Civil Court to decide objections on their merits. If the State’s objections were not on record, both parties were given liberty to file their respective objections within30days.

Judgment PDF: Supreme Court of India, [2017] 13 S.C.R. 1009.