PRASUN ROY versus CALCUTTA METROPOLITAN DEVELOPMENT AUTHORITY & ANR.

PRASUN ROY versus CALCUTTA METROPOLITAN DEVELOPMENT AUTHORITY & ANR.

Participation and acquiescence in arbitration proceedings preclude subsequent challenge by a party to the appointment of arbitrator, even before award is made, and the principle of waiver and estoppel applies to bar such challenge.

Parties
Appellant: Prasun Roy; Respondent No. 1: Calcutta Metropolitan Development Authority; Respondent No. 2: Anr.
Jurisdiction
India
Judgment Date
20 July 1987
Procedural Posture
Civil Appeal / Appeal by Special Leave From Judgment and Order Dated 8.12.1986 of Calcutta High Court in Matter No. 1636 of 1985
Outcome
Appeal allowed
Legal Topics
Appointment of Arbitrator, Waiver and Estoppel, Jurisdiction of Arbitrator, Challenge to Appointment on Bias
Arbitration Appointment of Arbitrator Waiver and Estoppel Jurisdiction of Arbitrator Challenge to Appointment on Bias

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Legal principles 2 Authorities cited 4 Party arguments 2 Amounts and remedies 3
Sign in to unlock

Parties

Prasun Roy

Appellant

Calcutta Metropolitan Development Authority

Respondent No. 1

Anr.

Respondent No. 2

Procedural Posture

Civil Appeal / Appeal by Special Leave From Judgment and Order Dated 8.12.1986 of Calcutta High Court in Matter No. 1636 of 1985

Legal Issues

  1. 1 Whether a party can challenge the appointment of arbitrator after submitting to his jurisdiction and participating in arbitration proceedings
  2. 2 Whether the principle of waiver and estoppel precludes such challenge to the appointment order

Ratio Decidendi

Participation and acquiescence in arbitration proceedings preclude subsequent challenge by a party to the appointment of arbitrator, even before award is made, and the principle of waiver and estoppel applies to bar such challenge.

Court Disposition

Appeal allowed

Orders

  • Judgment and order of High Court dated 8th December, 1986 set aside
  • Arbitration proceedings to continue before arbitrator appointed by order dated 19th April, 1983