Niyam v2 is live — start for just ₹100 — 200 credits to try

december 2003

Supreme Court of India · 2003-12-18

NATIONAL ALUMINIUM CO.LTD. vs M/S.PRESSTEEL & FABRICATORS(P)LTD.&ANR

Citation / case number
SC 1998/18108
Court
Supreme Court of India
Petitioner
NATIONAL ALUMINIUM CO.LTD.
Respondent
M/S.PRESSTEEL & FABRICATORS(P)LTD.&ANR
Author
SANTOSH HEGDE
Bench
N. SANTOSH HEGDE & B.P. SINGH.

Judgment text excerpt

The Supreme Court addressed the jurisdictional conflict between the Arbitration Act, 1940 and the Arbitration and Conciliation Act, 1996, determining that since the parties consented to proceed under the 1996 Act after the appointment of the arbitrator, the modification of the award must also be governed by the 1996 Act. The Court held that the appropriate forum for challenging the award is the principal civil court of original jurisdiction as per Section 34 of the 1996 Act, rejecting the applicant's claim that only the appointing court had jurisdiction. The Court emphasized that the applicant cannot revert to the 1940 Act after consenting to the 1996 Act's provisions.

NATIONAL ALUMINIUM CO.LTD. vs M/S.PRESSTEEL & FABRICATORS(P)LTD.&ANR · Niyam