SHAM LAL BHAT Vs. UNION OF INDIA

JUDGEMENT

(1.) WHEN this application came up for consideration the learned counsel for the respondent / Union of India raised a preliminary objection that this petition cannot be considered because arbitration proceedings were required to be conducted in accordance with the provisions of the Arbitration Act of India which is not applicable to the state. Under the provisions of the Central Arbitration Act, the court has no jurisdiction to make award rule of the court because the provision of that Act cannot be invoked by the petitioner.

(2.) BEFORE proceeding to consider the matter on merits it is necessary to decide this objection because if the objection is accepted this court will not be called upon to consider the award or objection to the award.

(3.) IT is contended that in the arbiration agreement it was provided that arbitration proceedings shall be conducted by the Arbitrator in accordance with the provisions of Central Arbitration Act which would mean that state Act was not applicable to the proceedings and court was not within its jurisdiction to entertain the application for making the award as rule of the court or for rejecting the award as the case may be.