Saluja Construction Company vs Northern Coalfields Limited

Court

Supreme Court of India

Date

25 November 2021

Case No.

Civil Appeal No. 7041 of 2021

Result

Partly allowed

Bench

M.R. Shah, Sanjiv Khanna

Citation

[2021] 7 S.C.R. 1111 : 2021 INSC 788

Headnote

Arbitration – High Court in appeal set aside award passed by the Arbitrator – Propriety – Held: On facts, the Arbitrator was required to adjudicate and decide dispute between the parties with respect to one Project (Bina Project) only – However, the Arbitrator passed an award not only with respect to the dispute relating to Bina Project but also with respect to other projects – Therefore, the High Court rightly held that the arbitrator while decreeing the award exceeded his jurisdiction in passing award in respect of four contracts – However, at the same time, the High Court at least ought to have confirmed the claim/amount awarded by the Arbitrator with respect to Bina Project – Order of High Court accordingly modified to that extent – Arbitration and Conciliation Act, 1996 – ss. 2(a), 8,

20 and 37.

The following Order of the Court was passed : ORDER Leave granted 1. Feeling aggrieved and dissatisfied with the impugned judgment and order dated 02.01.2018 passed by the High Court of Madhya Pradesh at Jabalpur in A.A. No. 30 of 2012, by which the High Court has allowed the said appeal filed under Section 37 of the Arbitration and Conciliation Act, 1996 (Arbitration Act) and has quashed and set aside the award passed by the learned Arbitrator, the original claimant has preferred the present appeal. 2. That the appellant herein was awarded the contract for construction of 100 Nos. B-Type

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