Jyoti Construction Company vs Municipal Corporation Of The City Of ...
Counsel (3)
Case Significance
Jyoti Construction Company vs Municipal Corporation Of The City Of ... is a Bombay High Court decision dated November 13, 2024 (citation: ik-195999763). The claimant in an arbitration dispute over road works in Thane Municipal Corporation area appealed against the District Court's order under Section 34 of the Arbitration Act which had remanded the matter back to the arbitrator for re-hearing. The Division Bench held that a court hearing an application under Section 34 can only set aside or confirm the award, and cannot remand the matter back to the arbitrator without the consent of both parties. The appeal was allowed, the District Court's o The bench comprised Justices Atul S. Chandurkar and Rajesh S. Patil. The judgment was delivered by Justice Rajesh S. Patil. Counsel appearing: N. N. Bhadrashete (counsel for appellant), N. R. Bubna (counsel for respondent), Priyanka Bhadrashete (counsel for appellant).
Summary
The claimant in an arbitration dispute over road works in Thane Municipal Corporation area appealed against the District Court's order under Section 34 of the Arbitration Act which had remanded the matter back to the arbitrator for re-hearing. The Division Bench held that a court hearing an application under Section 34 can only set aside or confirm the award, and cannot remand the matter back to the arbitrator without the consent of both parties. The appeal was allowed, the District Court's order was quashed, and the Section 34 proceedings were restored for fresh adjudication.
What was the outcome of Jyoti Construction Company vs Municipal Corporation Of The City Of ...?
The claimant in an arbitration dispute over road works in Thane Municipal Corporation area appealed against the District Court's order under Section 34 of the Arbitration Act which had remanded the ma...
Judgment
Read the full judgment on the official India Courts portal.
Read on Indian KanoonSource: Indian Kanoon (ik-195999763)