PURI CONSTRUCTIONS PVT. LTD. versus STATE OF MADHYA PRADESH & ORS.

PURI CONSTRUCTIONS PVT. LTD. versus STATE OF MADHYA PRADESH & ORS.

Since the arbitral award was rendered long back and not challenged, and matter is only at execution, the award is treated as rendered under the Madhya Pradesh Madhyastham Adhikaran Adhiniyam, 1983; pending proceedings before Delhi High Court transferred to Madhya Pradesh High Court as revision petitions under 1983 Act; pending arbitration proceedings to be transferred to Arbitration Tribunal under 1983 Act.

Parties
Appellant: PURI CONSTRUCTIONS PVT. LTD.; Respondents: STATE OF MADHYA PRADESH & ORS.
Jurisdiction
India
Judgment Date
18 April 2018
Procedural Posture
Civil Appeal / Disposal After Hearing; Challenge to Execution of Arbitral Award
Outcome
Appeal disposed of
Legal Topics
Jurisdiction of Arbitration Tribunal, Execution of Arbitral Award, Transfer of Proceedings Under Arbitration Act
Arbitration Civil Procedure Jurisdiction of Arbitration Tribunal Execution of Arbitral Award Transfer of Proceedings Under Arbitration Act

Case Brief

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Parties

PURI CONSTRUCTIONS PVT. LTD.

Appellant

STATE OF MADHYA PRADESH & ORS.

Respondents

Procedural Posture

Civil Appeal / Disposal After Hearing; Challenge to Execution of Arbitral Award

Legal Issues

  1. 1 Whether the arbitral award passed by arbitrator appointed by Delhi High Court should be executed under the Madhya Pradesh Madhyastham Adhikaran Adhiniyam, 1983
  2. 2 Whether pending proceedings should be transferred from Delhi High Court to Madhya Pradesh High Court and Arbitration Tribunal under 1983 Act

Ratio Decidendi

Since the arbitral award was rendered long back and not challenged, and matter is only at execution, the award is treated as rendered under the Madhya Pradesh Madhyastham Adhikaran Adhiniyam, 1983; pending proceedings before Delhi High Court transferred to Madhya Pradesh High Court as revision petitions under 1983 Act; pending arbitration proceedings to be transferred to Arbitration Tribunal under 1983 Act.

Court Disposition

Appeal disposed of

Orders

  • Award treated as passed under Madhya Pradesh Madhyastham Adhikaran Adhiniyam, 1983
  • Pending proceedings before Delhi High Court including FAO (OS) No. 23/1998 transferred to Madhya Pradesh High Court to be treated as revision petitions under 1983 Act