B.N. AGARWALLA versus STATE OF ORISSA

B.N. AGARWALLA versus STATE OF ORISSA

Awards made on the date of commencement of the Arbitration (Orissa Amendment) Act, 1982 (i.e., 26.3.1983), are not awards made 'by the said date' within the meaning of Section 41-A(7); therefore, the arbitrator lacks jurisdiction and all such pending proceedings stand transferred to the Arbitration Tribunal.

Source-derived case information.

Parties
Appellant: B.N. Agarwalla; Respondent: State of Orissa
Jurisdiction
India
Judgment Date
16 October 1995
Procedural Posture
Civil Appeal / Appeal From Orissa High Court Decision
Outcome
Appeal dismissed
Legal Topics
Jurisdiction, Interpretation of 'by the Said Date', Automatic Transfer of Proceedings, Statutory Amendment Applicability
Arbitration Jurisdiction Interpretation of 'by the Said Date' Automatic Transfer of Proceedings Statutory Amendment Applicability

Source-derived case record

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Parties

B.N. Agarwalla

Appellant

State of Orissa

Respondent

Procedural Posture

Civil Appeal / Appeal From Orissa High Court Decision

Legal Issues

  1. 1 Whether the arbitrator had jurisdiction to make the award on 26.3.1983 given the enactment of the Arbitration (Orissa Amendment) Act, 1982 and its effect on pending proceedings
  2. 2 Construction of the expression 'by the said date' in Section 41-A(7) of the Act

Ratio Decidendi

Awards made on the date of commencement of the Arbitration (Orissa Amendment) Act, 1982 (i.e., 26.3.1983), are not awards made 'by the said date' within the meaning of Section 41-A(7); therefore, the arbitrator lacks jurisdiction and all such pending proceedings stand transferred to the Arbitration Tribunal.

Court Disposition

Appeal dismissed

Orders

  • Appeal dismissed; award made by the arbitrator on 26.3.1983 held without jurisdiction.