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Bharat Coking Coal Limited v. H.p. Biswas And Company

Bharat Coking Coal Limited
v.
H.p. Biswas And Company

(Supreme Court Of India)

Civil Appeal No. 3504 Of 1992 | 22-08-1997


1. In this civil appeal an award has been filed by the arbitrator appointed by this Court in a proceeding arising out of Section 8 of the Arbitration Act before the trial court. However, as the appeal arises out of the proceeding under the aforesaid section before the trial court, the appointment of the arbitrator by this Court was in substitution of the earlier order passed by the trial court. Hence the appropriate court in which the award is to be filed will be the Court of First Sub-Judge, Dhanbad. Therefore, the Registry is directed to send the original award as well as the entire records to the First Sub-Judge, Dhanbad, Bihar.

2. On receipt of copy of this order, the original award and the records by the trial court notice will be issued to the parties concerned by the trial court and within 30 days of receipt of such notice objection, if any, under Section 30 of the Arbitration Act will be filed by the objector concerned. Thereafter the trial court will proceed further in accordance with law. The trial court shall decide the objections, if any, of the parties concerned to the request for making the award a rule of the court. The trial court will dispose of the proceedings at an early date preferably within a period of six months from today. The appeal is disposed of accordingly. No costs.

Advocates List

For the Petitioner ----- For the Respondents -----

For Petitioner
  • Shekhar Naphade
  • Mahesh Agrawal
  • Tarun Dua
For Respondent
  • S. Vani
  • B. Sunita Rao
  • Sushil Kumar Pathak

Bench List

HON'BLE MR. JUSTICE S.B. MAJMUDAR

HON'BLE MR. JUSTICE S. SAGHIR AHMAD

Eq Citation

(2008) 6 SCC 740

LQ/SC/1997/1152

HeadNote

Arbitration and Conciliation Act, 1996 — Ss. 11(6) & (7) and 30 — Award passed by arbitrator appointed by Supreme Court in a proceeding arising out of S. 8 of the Arbitration Act, 2015 filed before trial court — As appeal arises out of proceeding under S. 8 before trial court, appointment of arbitrator by Supreme Court was in substitution of earlier order passed by trial court — Hence, appropriate court in which award is to be filed will be court of First SubJudge, Dhanbad — Registry directed to send original award as well as entire records to First SubJudge, Dhanbad — On receipt of copy of this order by trial court, notice to be issued to parties concerned by trial court and within 30 days of receipt of such notice objection, if any under S. 30 of Arbitration Act, 2015 to be filed by objector concerned — Thereafter, trial court to proceed further in accordance with law — Trial court to decide objections, if any of parties concerned to request for making award a rule of court — Trial court to dispose of proceedings at an early date preferably within a period of six months from today — Appeal disposed of accordingly — No costs — Arbitration and Conciliation Act, 1996 (Paras 1 and 2)