M/S LION ENGINEERING CONSULTANTS versus STATE OF M.P. & ORS.

M/S LION ENGINEERING CONSULTANTS versus STATE OF M.P. & ORS.

There is no bar to plea of jurisdiction being raised by way of an objection under Section 34 of the Arbitration and Conciliation Act, 1996 even if no such objection was raised under Section 16. The 'public policy of India' refers to law in force in India, whether State or Central; observations to the contrary, as...

Source-derived case information.

Parties
Appellant: M/S Lion Engineering Consultants; Respondent: State of M.P. & Ors.
Jurisdiction
India
Judgment Date
22 March 2018
Procedural Posture
Civil Appeal / Appeal From High Court Order Remanding to Trial Court
Outcome
Appeals disposed of as infructuous; matter remanded
Legal Topics
Amendment of Pleadings, Arbitral Jurisdiction, Public Policy
Arbitration Law Civil Procedure Amendment of Pleadings Arbitral Jurisdiction Public Policy

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Summary, issues, holding and outcome

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Parties

M/S Lion Engineering Consultants

Appellant

State of M.P. & Ors.

Respondent

Procedural Posture

Civil Appeal / Appeal From High Court Order Remanding to Trial Court

Legal Issues

  1. 1 Whether jurisdictional objections not raised before the Arbitrator under Section 16 may be subsequently raised under Section 34 of the Arbitration and Conciliation Act, 1996
  2. 2 Whether 'public policy of India' includes State law as well as Central law
  3. 3 Whether amendment to objections after limitation period can be permitted

Ratio Decidendi

There is no bar to plea of jurisdiction being raised by way of an objection under Section 34 of the Arbitration and Conciliation Act, 1996 even if no such objection was raised under Section 16. The 'public policy of India' refers to law in force in India, whether State or Central; observations to the contrary, as made in (2015) 13 SCC 713, Paragraphs 16 and 17, overruled.

Court Disposition

Appeals disposed of as infructuous; matter remanded

Orders

  • Impugned order of High Court set aside
  • Matter remanded to the trial court for consideration of objections under Section 34 of the Arbitration and Conciliation Act, 1996