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november 2006

Supreme Court of India · 2006-11-10

M/S. PANDEY & CO. BUILDERS PVT. LTD. vs STATE OF BIHAR

Citation / case number
SC 2006/5074
Court
Supreme Court of India
Petitioner
M/S. PANDEY & CO. BUILDERS PVT. LTD.
Respondent
STATE OF BIHAR
Author
DALVEER BHANDARI S.B. SINHA
Bench
DALVEER BHANDARI S.B. SINHA

Judgment text excerpt

The Supreme Court addressed the arbitration proceedings under the Arbitration and Conciliation Act, 1996, specifically Sections 14, 15, and 37. The Court held that the named Arbitrator's mandate was terminated, and thus, the subsequent Arbitrator lacked jurisdiction to proceed with the matter, affirming the High Court's decision that the appeal should lie before the District Court as per Section 37(2). The Court emphasized that an Arbitrator can determine his own jurisdiction under Section 16 of the Act, leading to the conclusion that there cannot be two awards in one proceeding.

M/S. PANDEY & CO. BUILDERS PVT. LTD. vs STATE OF BIHAR · Niyam