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december 1997

Supreme Court of India · 1997-12-10

M/S. CONSTRUCTION INDIA ETC. vs SECRETARY, WORKS DEPARTMENT, GOVERNMENT OF ORISSA & ORS.

Citation / case number
SC 1987/71099
Court
Supreme Court of India
Petitioner
M/S. CONSTRUCTION INDIA ETC.
Respondent
SECRETARY, WORKS DEPARTMENT, GOVERNMENT OF ORISSA & ORS.
Author
D.P. WADHWA SUJATA V. MANOHAR
Bench
D.P. WADHWA SUJATA V. MANOHAR

Judgment text excerpt

The Supreme Court held that the appointment of an arbitrator by name, as per the consent of the parties, does not cease upon the arbitrator's demitting office from a designation, thus maintaining jurisdiction under Section 8 of the Arbitration Act, 1940. The Court clarified that the nature of the appointment was personal to the arbitrator rather than by designation, and therefore, the arbitration award pronounced by the arbitrator was valid. The appeal was allowed, affirming the arbitrator's authority despite the respondents' challenge based on jurisdiction.

M/S. CONSTRUCTION INDIA ETC. vs SECRETARY, WORKS DEPARTMENT, GOVERNMENT OF ORISSA & ORS. · Niyam