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.