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october 1995

Supreme Court of India · 1995-10-16

B.N. AGARWALLA vs STATE OF ORISSA

Citation / case number
SC 1990/75495
Court
Supreme Court of India
Petitioner
B.N. AGARWALLA
Respondent
STATE OF ORISSA
Author
S. VERMA
Bench
JAGDISH SARAN VERMA

Judgment text excerpt

The Supreme Court ruled on the applicability of Section 41A(7) of the Arbitration (Orissa Amendment) Act, 1982, which mandates that pending arbitration proceedings involving the State must be transferred to an Arbitration Tribunal. The Court held that since the award was made on the same day the amendment came into force, the arbitrator lacked jurisdiction, and thus the award was invalid. Consequently, the High Court's decision to allow the appeal against the Subordinate Judge's ruling was upheld, reinforcing the jurisdictional limits imposed by the amendment.

B.N. AGARWALLA vs STATE OF ORISSA · Niyam