Search Results Page

Search Results

1 - 10 of 14 (0.44 seconds)

M/S. Agro Indus Credits Limited vs Mangalan S @ Jagan Mangalan on 18 December, 2025

22. In these cases, arbitral awards were passed, though they were subsequently set aside and declared as nullity. Once an order is declared by a competent court as nullity, it has no effect in the eye of law. A doubt may arise as to whether passing of such an award would amount to termination of the arbitral proceedings. But, in the scheme of the Act, as held by 2025:KER:97789 A.R.Nos.131 & 138 of 2025 28 the Hon'ble Supreme Court in Harshbir Singh Pannu (supra), with the passing of an award the arbitrator ceases to have jurisdiction over the dispute. He can act further in the matter only in the limited circumstances delineated under the Act. That being so, when an award was passed and the arbitral tribunal ceased to have jurisdiction, whether the award was subsequently set aside or declared as nullity is immaterial in the context of Section 32 of the Act. Passing of the award by the Arbitral Tribunal is the vital aspect. Hence, the arbitral proceedings, as far as these cases are concerned, were undoubtedly terminated with the passing of awards. Therefore, to commence fresh arbitral proceedings, making fresh requests were required. I therefore hold that these arbitration requests are premature for want of any request for fresh arbitration from the applicant, addressed to the respondents.
Kerala High Court Cites 34 - Cited by 0 - Full Document

M/S. Agro Indus Credits Limited vs Mangalan S @ Jagan Mangalan on 18 December, 2025

22. In these cases, arbitral awards were passed, though they were subsequently set aside and declared as nullity. Once an order is declared by a competent court as nullity, it has no effect in the eye of law. A doubt may arise as to whether passing of such an award would amount to termination of the arbitral proceedings. But, in the scheme of the Act, as held by 2025:KER:97789 A.R.Nos.131 & 138 of 2025 28 the Hon'ble Supreme Court in Harshbir Singh Pannu (supra), with the passing of an award the arbitrator ceases to have jurisdiction over the dispute. He can act further in the matter only in the limited circumstances delineated under the Act. That being so, when an award was passed and the arbitral tribunal ceased to have jurisdiction, whether the award was subsequently set aside or declared as nullity is immaterial in the context of Section 32 of the Act. Passing of the award by the Arbitral Tribunal is the vital aspect. Hence, the arbitral proceedings, as far as these cases are concerned, were undoubtedly terminated with the passing of awards. Therefore, to commence fresh arbitral proceedings, making fresh requests were required. I therefore hold that these arbitration requests are premature for want of any request for fresh arbitration from the applicant, addressed to the respondents.
Kerala High Court Cites 34 - Cited by 0 - Full Document

Sopan Projects vs Great Eastern Energy Corporation ... on 10 February, 2026

11. The concluding portion of Harshbir Singh Pannu (supra) elaborately explains the scheme of the Act. Even if the objection 2 2025 SCC OnLine SC 2742 Signature Not Verified Digitally Signed O.M.P. (T) (COMM.) 116/2025 Page 3 of 7 By:HARVINDER KAUR BHATIA Signing Date:17.02.2026 11:44:55 raised by the Respondent is accepted at face value, namely, that the termination in question is referable to Section 32 of the Act, the said judgment clarifies that such termination does not, per se, require that the arbitral proceedings must recommence afresh. In this regard, the relevant extract from the said Judgement reads as follows:
Delhi High Court Cites 5 - Cited by 0 - Full Document

Keti Sangam Infrastructure I Ltd vs The Government Of Maharashtra, ... on 11 December, 2025

Tilak ::: Uploaded on - 11/12/2025 ::: Downloaded on - 12/12/2025 23:05:52 ::: 2/2 954 CARAPL 35645-25.doc According to her, the said judgment answer the said issue and support the proposition that if by whatsoever means the mandate of the Arbitrator is terminated, the proceedings shall not lie under Section 11, but under sub-section (2) of Section 14.
Bombay High Court Cites 3 - Cited by 0 - B Dangre - Full Document

Intercode Solutions Pvt. Ltd. & Anr vs Armor India Coding And Imaging Supplies ... on 16 December, 2025

1. This matter has been posted today to enable learned counsel for the parties to make their submissions in view of the decision rendered by the Supreme Court in the case of Harshbir Singh Pannu and Anr. vs. V. Jaswinder Singh1, which has been pronounced subsequent to reserving the judgement in the instant case on 12.11.2025.
Delhi High Court - Orders Cites 1 - Cited by 0 - P K Kaurav - Full Document
1   2 Next