SUKALU RAM GOND versus STATE OF MP AND ORS.

SUKALU RAM GOND versus STATE OF MP AND ORS.

An award against a non-party to the arbitration reference is without jurisdiction and void even if that person participated in the proceedings under protest; acquiescence or protest participation does not create jurisdiction in the arbitrator.

Parties
Petitioner: Sukalu Ram Gond; Respondents: State of MP and Ors.; Respondent No. 5: Anoop Chand Setia
Jurisdiction
India
Judgment Date
05 August 1994
Procedural Posture
Special Leave Petition (criminal) / Order Disposing Objections to Arbitration Award, Pending Final Disposal of Main SLP
Outcome
Award set aside; petition disposed
Legal Topics
Jurisdiction of Arbitrator, Binding Effect of Arbitration Award, Consent in Arbitration Proceedings
Arbitration Law Criminal Law Jurisdiction of Arbitrator Binding Effect of Arbitration Award Consent in Arbitration Proceedings

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Parties

Sukalu Ram Gond

Petitioner

State of MP and Ors.

Respondents

Anoop Chand Setia

Respondent No. 5

Procedural Posture

Special Leave Petition (criminal) / Order Disposing Objections to Arbitration Award, Pending Final Disposal of Main SLP

Legal Issues

  1. 1 Whether an arbitrator can make an award against a person not a party to the reference but who participated in the proceedings with objection and protest.
  2. 2 Whether acquiescence or participation under protest confers jurisdiction upon the arbitrator over a non-party.

Ratio Decidendi

An award against a non-party to the arbitration reference is without jurisdiction and void even if that person participated in the proceedings under protest; acquiescence or protest participation does not create jurisdiction in the arbitrator.

Court Disposition

Award set aside; petition disposed

Orders

  • The Award of the arbitrator against Respondent No. 5 is set aside for want of jurisdiction.
  • All parties to pay the fee of the arbitrator as per the order of reference.