STATE OF MAHARASHTRA versus M/S. S.D. SHINDE AND CO.
The High Court had no jurisdiction to pass an interim order directing payment to the contractor since the Civil Judge had already set aside the award and ordered fresh arbitration, and no award existed for execution.
- Parties
- Appellant: State of Maharashtra; Respondent: S.D. Shinde and Co.
- Jurisdiction
- India
- Judgment Date
- 17 September 2003
- Procedural Posture
- Civil Appeal / Appeal Against Bombay High Court Interim Order in Revision (c.r. Application No. 143 of 1997)
- Outcome
- Appeal allowed; High Court’s impugned order set aside; matter remitted to High Court for decision of civil revision on merits.
- Legal Topics
- Interim Orders, Execution of Arbitral Awards, Jurisdiction of High Court
Case Brief
Summary, issues, holding and outcome
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Parties
State of Maharashtra
Appellant
S.D. Shinde and Co.
Respondent
Procedural Posture
Civil Appeal / Appeal Against Bombay High Court Interim Order in Revision (c.r. Application No. 143 of 1997)
Legal Issues
- 1 Whether the High Court had jurisdiction to direct payment of the final bill at the interim stage when the award had already been set aside and fresh arbitration ordered
Ratio Decidendi
The High Court had no jurisdiction to pass an interim order directing payment to the contractor since the Civil Judge had already set aside the award and ordered fresh arbitration, and no award existed for execution.
Court Disposition
Appeal allowed; High Court’s impugned order set aside; matter remitted to High Court for decision of civil revision on merits.
Orders
- Order under challenge set aside.
- Matter sent back to High Court for decision of civil revision on merits.
Full Case Text
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