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M/S S.B.P. & Co vs M/S Patel Engineering Ltd. & Anr on 26 October, 2005

An order passed by a Chief Justice or his nominee under Sub-section (6) of Section 11 of the 1996 Act may be a judicial order, as has been held by a Seven Judge Bench of this court in S.B.P. & Co. v. Patel Engineering Ltd. and Anr. (2005) 8 SCC 618 : 2005(3) Arb. LR 285 (SC) but the same does not take away the effect of the appellate jurisdiction to be exercised by a court under Sub-section (2) of Section 37 of the 1996 Act.

Uttam Singh Dugal And Co. Pvt. Ltd., New ... vs Hindustan Steel Ltd., Bhilai Steel ... on 30 September, 1981

10. Although an interim award is included in the definition of "arbitral award" contained in Section 2(1)(c) of the Act, in order to treat the order dated 06.05.2006 (Annexure R/1) as an interim award it should fulfil the requisites of an award. The Division Bench decision in the case of Uttam Singh Duggal & Co. Pvt. Ltd., New Delhi v. Hindustan Steel Ltd., Bhilai Steel Project, Bhilai reported as has held "before an order of the arbitrators may be held to be an interim award, it must decide a part of the claim or an issue of liability. What the arbitrators did in this case was to decide a preliminary issue relating to their jurisdiction. As the order of the arbitrators does not decide the claim or even any part of the claim of any issue of liability, it cannot be held to be an interim award".
Madhya Pradesh High Court Cites 23 - Cited by 6 - Full Document
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