9911796707
TMI Blog2011 (2) TMI 1301X X X X Extracts X X X X X X X X Extracts X X X X ..... ation and Conciliation Act, 1996 ('Act' for short) before the Madhya Pradesh High Court alleging that on execution of an agreement in regard to "maintenance of water supply and electrical works in different parts of Gwalior Municipal Corporation area", a work order was issued to him on 1.5.2002 by the respondent; that as the bills submitted by the appellant were not paid, it filed a writ petition ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 1 and there were some irregularities in the issue of work orders and therefore the appellant was not entitled to payment of any of the bills. The arbitrator made an award dated 30.1.2008 directing the respondents to pay a sum of Rs.76,64,725 to the appellant with interest at 9% per annum from the date of the award till date of payment. 4. The respondents filed an application under section 34 of t ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... d an arbitrator. The said review petition was dismissed by the High Court on 8.7.2009. 6. The respondent challenged the orders dated 9.2.2009 and 17.7.2009 before the High Court in an arbitration appeal. The High Court allowed the appeal by order dated 26.11.2009 and set aside the orders dated 9.2.2009 and 17.7.2009 holding that the arbitral award dated 30.1.2008 passed by the sole arbitrator was ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... P. S.E.Board (C.A. No.3746/2005 decided on 14.1.2010) held that the provisions of the Act would apply where there was an Arbitration clause and the provisions of the 1983 Adhiniyam would apply where there was no Arbitration clause. In this case it is not in dispute that the contract between the parties contained an arbitration clause (clause 29). The decision of the High Court that the provisions ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... of an arbitration clause. Therefore the contention of the respondents that the arbitrator ought to have considered the objection relating to jurisdiction and held that he did not have jurisdiction, cannot be accepted. 10. The appeals are therefore allowed and the impugned order of the High Court dated 26.11.2009 is set aside. As a consequence the learned District Judge, Gwalior will now proceed ..... X X X X Extracts X X X X X X X X Extracts X X X X
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