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-2718492). The original claimant Jyoti Construction Company filed an arbitration appeal under Section 37(1)(c) of the Arbitration Act challenging the District Court, Thane's order which had set aside the arbitral award and remanded the matter for fresh hearing by the same arbitrator. The Division Bench held that a Section 34 court can only set aside or confirm an award — remand is only permissible by consent of parties, following the Supreme Court's settled position. The District Court's remand order wa 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 original claimant Jyoti Construction Company filed an arbitration appeal under Section 37(1)(c) of the Arbitration Act challenging the District Court, Thane's order which had set aside the arbitral award and remanded the matter for fresh hearing by the same arbitrator. The Division Bench held that a Section 34 court can only set aside or confirm an award — remand is only permissible by consent of parties, following the Supreme Court's settled position. The District Court's remand order was quashed and the Section 34 proceedings were restored for fresh decision.
What was the outcome of Jyoti Construction Company vs Municipal Corporation Of The City Of ...?
The original claimant Jyoti Construction Company filed an arbitration appeal under Section 37(1)(c) of the Arbitration Act challenging the District Court, Thane's order which had set aside the arbitra...
Judgment
Read the full judgment on the official India Courts portal.
Read on Indian KanoonSource: Indian Kanoon (ik-2718492)