VidhiSangh

Supreme Court of India · 08/01/2025

STATE OF UTTAR PRADESH AND ANOTHER versus R.K. PANDEY AND ANOTHER

[2025] 1 S.C.R. 403 · 2025 INSC 48

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Summary

Two ex parte arbitral awards obtained by a retired State employee from arbitrators he had nominated himself, on the strength of an unproven 1957 'arbitration agreement' to which he was not a party, were declared null and void for fraud and lack of subject-matter jurisdiction. The Court set them aside although the State's Section 34 objections had been dismissed as time-barred, and dismissed the execution proceedings.

Issues

  1. Whether awards made by arbitrators unilaterally nominated by the claimant, under an arbitration agreement whose existence was denied and to which he was not a signatory, are enforceable.
  2. Whether the Court should interfere although the State's objections under Section 34 of the Arbitration and Conciliation Act, 1996 were dismissed as barred by limitation.
  3. Whether such awards can be resisted at the execution stage on the grounds of fraud and lack of subject-matter jurisdiction.

Provisions considered

Held

Result

Appeal allowed; the ex parte awards dated 15.02.2008 and 25.06.2008 set aside and declared null, void and unenforceable; High Court's judgment set aside; execution proceedings dismissed; appellants awarded costs of the entire proceedings.

Judgment PDF: Supreme Court of India, [2025] 1 S.C.R. 403.