BHARAT COKING COAL LTD. versus M/S. ANNAPURNA CONSTRUCTION

BHARAT COKING COAL LTD. versus M/S. ANNAPURNA CONSTRUCTION

The Supreme Court has no jurisdiction to entertain applications regarding the arbitral award as it did not retain control over the arbitration proceedings; instead, the award must be filed before the court having the requisite jurisdiction as per Section 2(c) of the Arbitration Act, 1940. Jurisdiction cannot be assumed by consent of parties.

Parties
Appellant: Bharat Coking Coal Ltd.; Respondent: M/s. Annapurna Construction
Jurisdiction
India
Judgment Date
05 March 2008
Procedural Posture
Civil Appeal / Interlocutory Application Disposed of in Civil Appeal Nos. 5647 5648 of 1997
Outcome
Applications disposed of; Supreme Court lacks jurisdiction to entertain applications regarding the arbitral award.
Legal Topics
Appropriate Court for Filing Arbitral Award, Jurisdiction for Filing Objections to Arbitral Award, Arbitration Act, 1940 Section 2(c), Arbitration and Conciliation Act, 1996 Section 11(6)
Arbitration Appropriate Court for Filing Arbitral Award Jurisdiction for Filing Objections to Arbitral Award Arbitration Act, 1940 Section 2(c) Arbitration and Conciliation Act, 1996 Section 11(6)

Case Brief

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Parties

Bharat Coking Coal Ltd.

Appellant

M/s. Annapurna Construction

Respondent

Procedural Posture

Civil Appeal / Interlocutory Application Disposed of in Civil Appeal Nos. 5647 5648 of 1997

Legal Issues

  1. 1 Which is the appropriate court for the purpose of filing an award by the arbitrator?
  2. 2 Does the Supreme Court have jurisdiction to entertain applications regarding the arbitral award where it did not retain control over the arbitration proceedings?
  3. 3 Can jurisdiction be assumed by the Supreme Court by consent of parties under the Arbitration Act, 1940?

Ratio Decidendi

The Supreme Court has no jurisdiction to entertain applications regarding the arbitral award as it did not retain control over the arbitration proceedings; instead, the award must be filed before the court having the requisite jurisdiction as per Section 2(c) of the Arbitration Act, 1940. Jurisdiction cannot be assumed by consent of parties.

Court Disposition

Applications disposed of; Supreme Court lacks jurisdiction to entertain applications regarding the arbitral award.

Orders

  • Registry directed to send records to the Court of District Judge, Dhanbad, who is directed to transfer the case to a court having appropriate jurisdiction.
  • Court concerned requested to dispose of the objection filed by the appellant as expeditiously as possible and not later than three months from date of receipt of records.