M.P. HOUSING AND INFRASTRUCTURE DEVELOPMENT BOARD & ANR. versus K.P. DWIVEDI

M.P. HOUSING AND INFRASTRUCTURE DEVELOPMENT BOARD & ANR. versus K.P. DWIVEDI

Where a party filed a writ petition that resulted in a High Court consent order appointing the Housing Commissioner as arbitrator and then participated in arbitration before that arbitrator, the resultant award (07.11.2008) which was not challenged attained finality and bars a subsequent fresh reference to the M.P. Arbitration Tribunal on the same claims; accordingly the High Court erred in setting aside the Tribunal's dismissal of the later reference and the Tribunal's order dismissing the reference is to be restored.

Parties
Appellant: M.P. Housing and Infrastructure Development Board & Anr.; Respondent: K.P. Dwivedi
Jurisdiction
India
Judgment Date
03 December 2021
Procedural Posture
Civil Appeal / Appeal From High Court Judgment and Order Dated 08.05.2018
Outcome
Appeals allowed
Legal Topics
Issue Estoppel, Finality of Arbitral Award, Maintainability of Reference Under Madhya Pradesh Madhyastham Adhikaran Act, 1983, Jurisdiction of Arbitrator, Revision Under Section 19 of the 1983 Act, Challenge Under Section 34 of Arbitration and Conciliation Act, 1996
Arbitration Contract Law Administrative Law Civil Procedure Issue Estoppel Finality of Arbitral Award Maintainability of Reference Under Madhya Pradesh Madhyastham Adhikaran Act, 1983 Jurisdiction of Arbitrator +2 more

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Parties

M.P. Housing and Infrastructure Development Board & Anr.

Appellant

K.P. Dwivedi

Respondent

Procedural Posture

Civil Appeal / Appeal From High Court Judgment and Order Dated 08.05.2018

Legal Issues

  1. 1 Whether an award passed by the Housing Commissioner appointed as arbitrator pursuant to a High Court consent order bars a subsequent reference under Section 7 of the Madhya Pradesh Madhyastham Adhikaran Act, 1983 in respect of the same claims
  2. 2 Whether the respondent could file a fresh reference before the M.P. Arbitration Tribunal after an unchallenged award by the Housing Commissioner dated 07.11.2008 had been passed pursuant to the High Court order
  3. 3 Whether revision under Section 19 of the 1983 Act is maintainable against the Tribunal order dated 27.02.2017 which dismissed the reference where no award was passed by the Tribunal

Ratio Decidendi

Where a party filed a writ petition that resulted in a High Court consent order appointing the Housing Commissioner as arbitrator and then participated in arbitration before that arbitrator, the resultant award (07.11.2008) which was not challenged attained finality and bars a subsequent fresh reference to the M.P. Arbitration Tribunal on the same claims; accordingly the High Court erred in setting aside the Tribunal's dismissal of the later reference and the Tribunal's order dismissing the reference is to be restored.

Court Disposition

Appeals allowed

Orders

  • Impugned judgment and order dated 08.05.2018 of the High Court quashed and set aside
  • Order dated 27.02.2017 of the M.P. Arbitration Tribunal dismissing the reference is restored