STATE OF WEST BENGAL versus SREE SREE MA ENGINEERING & ANR.
Under law, the award must be signed by the arbitrator; however, an unsigned award is a formal defect which the court can cure by remitting the award to the arbitrator for signature and extending time for the same, so that justice prevails rather than the technicality defeating substantial justice.
- Parties
- Appellant: State of West Bengal; Respondent: Sree Sree Ma Engineering; Interested Party: Chief Executive Engineer
- Jurisdiction
- India
- Judgment Date
- 08 September 1987
- Procedural Posture
- Civil Appeal / Supreme Court Disposition (post Special Leave)
- Outcome
- Appeal disposed of
- Legal Topics
- Unsigned Arbitral Award, Remitting Award for Signature, Extension of Time to Arbitrator, Setting Aside Arbitral Award
Case Brief
Summary, issues, holding and outcome
More case intelligence is available
Unlock the full research layer for this judgment.
Parties
State of West Bengal
Appellant
Sree Sree Ma Engineering
Respondent
Chief Executive Engineer
Interested Party
Procedural Posture
Civil Appeal / Supreme Court Disposition (post Special Leave)
Legal Issues
- 1 Whether an unsigned award by arbitrator can be made rule of the court
- 2 Whether court can cure the formal defect by remitting award for signature
Ratio Decidendi
Under law, the award must be signed by the arbitrator; however, an unsigned award is a formal defect which the court can cure by remitting the award to the arbitrator for signature and extending time for the same, so that justice prevails rather than the technicality defeating substantial justice.
Court Disposition
Appeal disposed of
Orders
- Time extended by four months for the arbitrator to sign the award
- Award remitted to the arbitrator for signature
Full Case Text
Judgment text and source record
Sign in to read
Sign in to read the full judgment text
Sign in to read the full judgment text. Downloads and additional research tools may depend on your plan.
Sign in to read the full judgment