J.G. ENGINEER'S PVT. LTD. versus CALCUTTA IMPROVEMENT TRUST AND ANR.

J.G. ENGINEER'S PVT. LTD. versus CALCUTTA IMPROVEMENT TRUST AND ANR.

On the facts, arbitrator had jurisdiction to decide the issue of validity of termination of contract. No objection was pleaded or urged regarding arbitrability during arbitration. Division Bench erred in reversing Single Judge's decision, as both grounds for reversal are not sustainable.

Parties
Appellant: J.G. Engineer's Pvt. Ltd.; Respondent: Calcutta Improvement Trust
Jurisdiction
India
Judgment Date
25 January 2002
Procedural Posture
Civil Appeal / Appeal From Division Bench Decision of Kolkata High Court
Outcome
appeal allowed
Legal Topics
Termination of Contract, Arbitrability, Jurisdiction of Arbitrator
Arbitration Contracts Termination of Contract Arbitrability Jurisdiction of Arbitrator

Case Brief

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Parties

J.G. Engineer's Pvt. Ltd.

Appellant

Calcutta Improvement Trust

Respondent

Procedural Posture

Civil Appeal / Appeal From Division Bench Decision of Kolkata High Court

Legal Issues

  1. 1 Whether the arbitrator had jurisdiction to decide the validity of termination of contract
  2. 2 Whether the arbitrator considered the counter claim of the respondent

Ratio Decidendi

On the facts, arbitrator had jurisdiction to decide the issue of validity of termination of contract. No objection was pleaded or urged regarding arbitrability during arbitration. Division Bench erred in reversing Single Judge's decision, as both grounds for reversal are not sustainable.

Court Disposition

appeal allowed

Orders

  • Impugned judgment of Division Bench set aside
  • Single Judge's judgment restored