M/S. CONSTRUCTION INDIA versus SECRETARY, WORKS DEPARTMENT, GOVERNMENT OF ORISSA AND ORS.

M/S. CONSTRUCTION INDIA versus SECRETARY, WORKS DEPARTMENT, GOVERNMENT OF ORISSA AND ORS.

Appointment of an arbitrator by name gives jurisdiction even if the arbitrator ceases to hold the office mentioned; withdrawal of objection by respondents amounts to acquiescence, precluding challenge to jurisdiction; a mere inadvertent error in minute recording does not warrant setting aside an arbitral award.

Parties
Appellant: Mis. Construction India; Respondents: Secretary, Works Department, Government of Orissa and Ors.
Jurisdiction
India
Judgment Date
10 December 1997
Procedural Posture
Civil Appeal / Supreme Court Appellate Decision
Outcome
Appeals allowed; High Court judgment set aside; Subordinate Judge orders upholding awards and granting decrees in terms of awards are upheld.
Legal Topics
Jurisdiction of Arbitrator, Setting Aside Arbitral Award, Acquiescence in Arbitration Proceedings
Arbitration Jurisdiction of Arbitrator Setting Aside Arbitral Award Acquiescence in Arbitration Proceedings

Case Brief

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Parties

Mis. Construction India

Appellant

Secretary, Works Department, Government of Orissa and Ors.

Respondents

Procedural Posture

Civil Appeal / Supreme Court Appellate Decision

Legal Issues

  1. 1 Whether a named arbitrator loses jurisdiction upon ceasing to hold the designated office.
  2. 2 Whether inadvertent mistake in recording minutes is sufficient for setting aside an arbitral award.

Ratio Decidendi

Appointment of an arbitrator by name gives jurisdiction even if the arbitrator ceases to hold the office mentioned; withdrawal of objection by respondents amounts to acquiescence, precluding challenge to jurisdiction; a mere inadvertent error in minute recording does not warrant setting aside an arbitral award.

Court Disposition

Appeals allowed; High Court judgment set aside; Subordinate Judge orders upholding awards and granting decrees in terms of awards are upheld.

Orders

  • Impugned judgment of the High Court is set aside.
  • Orders of the Subordinate Judge upholding the awards are upheld.