Arbitration and Conciliation Act, 1996 – ss.16 and 34 – Arbitrator passed award in favour of the Appellant – Award was challenged by respondent-State u/s.34 of the Act before the trial Court – Respondent sought to amend its objections after three years which was rejected by the Trial Court – However, same was allowed by the High Court u/Art. 227 – Appellant submitted that objection having not been raised u/s.16(2) of the Act before the Arbitrator, could not be raised u/s.34 of the Act – Respondent-State contended that legal plea arising on undisputed facts is not precluded by s.34(2)(b) and that it was not necessary to consider the application for amendment – Held: Since amendment application not pressed, the appeal rendered infructuous – There is no bar to plea of jurisdiction being raised by way of an objection u/s.34 of the Act even if no such objection was raised u/s.16 – Matter remanded to the trial Court for consideration of objections u/s.34 of the Act. MSP Infrastructure Ltd. v. Madhya Pradesh Road
Development Corporation Ltd. (2015) 13 SCC 713 : AIR 2015 SC 710 – Partly overruled.
As published in the Supreme Court Reports, Supreme Court of India. Text from the Indian Supreme Court Judgments open data set (Dattam Labs), CC BY 4.0.
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