Arbitration and Conciliation Act, 1996 —Inherent lack of jurisdiction

By TG Team Corporate Law Judiciary March 10, 2011

TaxGuru Citation: 2011 taxguru.in 253
Case Name: M/s. APS Kushwaha (SSI Unit) Vs. Municipal Corporation (Supreme Court of India)
Appeal Number: Only available for paid members
Date of Judgement/Order: Only available for paid members
Courts: Supreme Court of India

M/s. APS Kushwaha (SSI Unit) Vs. Municipal Corporation, Gwalior and others, decided on 17/02/2011.

(Case/Appeal No: Civil Appeal No(s). 1888-1889 of 2011)0

Name of the Judge: Hon’ble Mr. Justice R.V. Raveendran and Hon’ble Mr. Justice A.K. Patnaik.

JUDGMENT

R.V. Raveendran, J.-Leave granted.

2. The appellant filed an application under section 11(6) of the Arbitration and Conciliation Act, 1996 (`Act’ for short) before the Madhya Pradesh High Court alleging that on execution of an agreement in regard to “maintenance of water supply and electrical works in different parts of Gwalior Municipal Corporation area”, a work order was issued to him on 1.5.2002 by the respondent; that as the bills submitted by the appellant were not paid, it filed a writ petition and that petition was disposed of on 15.2.2006 with a direction to seek reference to arbitration; that clause 29 of the General Rules and directions for the Guidance of the contractor provided for settlement of disputes by arbitration; and that therefore the appellant was filing the application under section 11(6) of the Act requesting the Chief Justice to appoint an independent arbitrator to arbitrate upon the disputes. The designate of the Chief Justice by order dated 11.5.2007 allowed the said application and appointed a retired Judge of the High Court as arbitrator.