B.B.M. Enterprises vs The State of West Bengal and Anr.

Court

Supreme Court of India

Date

30 July 2020

Case No.

Civil Appeal No. 2834 of 2020

Result

Disposed

Bench

R.F. Nariman, Navin Sinha, Indira Banerjee

Citation

[2020] 6 S.C.R. 8 : 2020 INSC 472

Headnote

Arbitration and Conciliation Act, 1996:

s. 34 – Petition under – Filed after expiry of limitation period of 120 days – Dismissed by District Judge – High Court setting aside the order of District Judge remanded the matter – In second round of litigation District Judge dismissed the petition – High Court by impugned order again remanded the matter to be adjudicated afresh – Appeal to Supreme Court – Held: District Judge had disposed of the petition u/s. 34 giving adequate reasons – High Court wrongly remanded the matter – Appeal disposed of.

The Judgment of the Court was delivered by R.F. NARIMAN, J. 1. Leave granted. 2. We have heard learned counsel for the parties at great length. 3. Mr. Sidharth Luthra, learned Senior Advocate, appearing on behalf of the respondent, painstakingly took us through the records, including the Award, in order to point out various deficiencies which, according to him, fell within the parameters of a Section 34 petition as a result of which we should not therefore disturb the judgment of the High Court, which has merely remanded the matter and directed that the matter be disposed of in six months.

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