Case Law Details
Swadesh Kumar Agarwal Vs Dinesh Kumar Agarwal (Supreme Court)
Facts- Sole Arbitrator was appointed, on 04.08.2008, on account of dispute for partition of the properties arose. It was referred to the sole Arbitrator. On the request of the parties, the Arbitrator adjourned the hearing on 30.03.2009. No proceedings were undertaken on 30.03.2009 due to the fact that the sole Arbitrator was not available in town. Respondent No. 1 and 3 herein – parties to the arbitration proceedings revoked the mandate of the sole Arbitrator vide letters dated 11.07.2009. The letters were replied to by the sole Arbitrator. Thereafter, respondent No. 1 and 3 herein, parties to the arbitration proceedings filed applications under section 14(1)(a) of the Act, 1996 before the concerned Court (District Court) to terminate the mandate of the sole Arbitrator on the ground of delay in concluding the arbitration proceedings. The appellant herein filed an application under order VII Rule 11 of CPC for dismissal of the said applications under section 14 of the Act, 1996, submitting that there was no delay at all on the part of the sole Arbitrator and therefore, there was no question of terminating the mandate of sole Arbitrator under section 14(1)(a) of the Act, 1996. Vide order dated 15.07.2010, the learned Trial Court dismissed the application filed under order VII Rule 11 of CPC preferred by the appellant herein.
Feeling aggrieved and dissatisfied with the impugned common judgment and order passed by the High Court terminating the mandate of sole Arbitrator under section 14(1)(a) of the Act, 1996, on an application filed under section 11(6) of the Act, 1996 and dismissing the writ petitions confirming the order passed by the learned Trial Court rejecting the application under Order VII Rule 11 of CPC, the appellant has preferred the present appeals.
Conclusion- In a case where there is a dispute/controversy on the mandate of the arbitrator being terminated on the ground mentioned in section 14(1)(a), such a dispute has to be raised before the “court”, defined under section 2(e) of the Act, 1996 and such a dispute cannot be decided on an application filed under section 11(6) of the Act, 1996.
FULL TEXT OF THE SUPREME COURT JUDGMENT/ORDER
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