M/S BHARAT COKING COAL LTD. versus M/S C.K. AHUJA AND ANR.

M/S BHARAT COKING COAL LTD. versus M/S C.K. AHUJA AND ANR.

Objections to the award, including forum objections, were filed long after limitation period and must be dismissed; Supreme Court retains jurisdiction since it appointed the arbitrator and gave no further directions; award to be made rule of the Court; interest awarded at 12% from date of award till realisation.

Parties
Appellant: M/S Bharat Coking Coal Ltd.; Respondent: M/S C.K. Ahuja and Anr.
Jurisdiction
India
Judgment Date
14 February 1995
Procedural Posture
Civil Appeal and Interlocutory Application / Disposal of Interlocutory Applications in Civil Appeal
Outcome
Interlocutory Applications allowed; objections dismissed as barred by limitation; award made rule of Court; interest awarded.
Legal Topics
Limitation for Objections to Arbitral Award, Jurisdiction for Filing Arbitral Award, Interest on Arbitral Award
Arbitration Limitation for Objections to Arbitral Award Jurisdiction for Filing Arbitral Award Interest on Arbitral Award

Case Brief

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Parties

M/S Bharat Coking Coal Ltd.

Appellant

M/S C.K. Ahuja and Anr.

Respondent

Procedural Posture

Civil Appeal and Interlocutory Application / Disposal of Interlocutory Applications in Civil Appeal

Legal Issues

  1. 1 Whether objections to arbitral award were barred by limitation
  2. 2 Which court is the proper forum for further action on arbitral award when appointed by Supreme Court
  3. 3 Entitlement to interest on awarded sum

Ratio Decidendi

Objections to the award, including forum objections, were filed long after limitation period and must be dismissed; Supreme Court retains jurisdiction since it appointed the arbitrator and gave no further directions; award to be made rule of the Court; interest awarded at 12% from date of award till realisation.

Court Disposition

Interlocutory Applications allowed; objections dismissed as barred by limitation; award made rule of Court; interest awarded.

Orders

  • Award made rule of Court
  • Interest at 12% from date of award till realisation