2007 (1) TMI 652 - SC - Indian Laws

Summary

Issues involved:
The issues involved in this judgment include the jurisdiction of the court to entertain objections to an arbitration award, the appropriate forum for filing and challenging awards, and the expeditious disposal of pending matters before the court.

Jurisdiction of Court to Entertain Objections:
The Respondent applicant, Krishna Travel Agency, filed applications seeking directions regarding objections to an award before the District Judge, Dehradun. The dispute arose between the applicant and Garhwal Mandal Vikas Nigam Ltd., leading to the appointment of an arbitrator by the Supreme Court. The applicant argued that since the arbitrator was appointed by the Supreme Court, only the Supreme Court had jurisdiction to entertain the objections. However, the Respondent applicant contended that the Principal Civil Court of Original Jurisdiction, as defined in the Arbitration and Conciliation Act, should handle such objections. The court referred to previous judgments and held that the appropriate forum for filing and challenging awards remains the Principal Civil Court of Original Jurisdiction, irrespective of the appointing authority.

Appropriate Forum for Filing and Challenging Awards:
The court emphasized that if an arbitrator is appointed by the Supreme Court or a High Court, the objections to the award must be filed before the Principal Civil Court of Original Jurisdiction as defined in the Act. It was clarified that the intention of the legislature was not for the appointing court to handle objections, ensuring parties' rights to appeal under the Act. The court reaffirmed the view that the Principal Civil Court of Original Jurisdiction remains the appropriate forum for such matters, rejecting the plea for the Supreme Court to entertain objections to the arbitrator's award.

Expeditious Disposal of Pending Matters:
Acknowledging the age of the pending matter before the District Judge, Dehradun, the court directed the District Judge to expedite the disposal of the application within six months from the date of the court's order. This direction aimed to ensure the timely resolution of the long-standing dispute, emphasizing the importance of efficient judicial proceedings.

In conclusion, the Supreme Court clarified the jurisdictional aspect of entertaining objections to arbitration awards, reiterating the role of the Principal Civil Court of Original Jurisdiction in handling such matters. Additionally, the court emphasized the need for expeditious disposal of pending cases to facilitate timely resolution of disputes.