SANGAMNER BHAG SAHAKARI KARKHANA LTD. versus MIS. KRUPP INDUSTRIES LTD.

SANGAMNER BHAG SAHAKARI KARKHANA LTD. versus MIS. KRUPP INDUSTRIES LTD.

The arbitration clause and disputes referred encompassed the subject matter; the Civil Judge's exercise of discretion to remit the award was proper, and the High Court erred in finding part of the award was beyond the arbitrators' jurisdiction.

Parties
Appellant: Sangamner Bhag Sahakari Karkhana Ltd.; Respondent: M/s. Krupp Industries Ltd.
Jurisdiction
India
Judgment Date
07 May 2002
Procedural Posture
Civil Appeal / Final Determination of Appeal
Outcome
appeals allowed
Legal Topics
Scope of Arbitration Reference, Remission of Arbitral Award, Jurisdiction of Arbitrators
Arbitration Scope of Arbitration Reference Remission of Arbitral Award Jurisdiction of Arbitrators

Case Brief

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Parties

Sangamner Bhag Sahakari Karkhana Ltd.

Appellant

M/s. Krupp Industries Ltd.

Respondent

Procedural Posture

Civil Appeal / Final Determination of Appeal

Legal Issues

  1. 1 Whether the arbitral award was beyond the scope of reference to the arbitrator
  2. 2 Whether the discretion exercised by the Civil Judge in remitting the award was correct

Ratio Decidendi

The arbitration clause and disputes referred encompassed the subject matter; the Civil Judge's exercise of discretion to remit the award was proper, and the High Court erred in finding part of the award was beyond the arbitrators' jurisdiction.

Court Disposition

appeals allowed

Orders

  • The judgment of the High Court is set aside.
  • The order of the Civil Judge, Senior Division, remitting the award to the arbitrators is restored.