Supreme Court · 1997 INSC 304 · Decided 21 March 1997

Premier Fabricators, Allahabad v. Heavy Engineering CORPN. LTD., Ranchi

Court
Supreme Court of India
Citation
1997 INSC 304 · [1997] 3 S.C.R. 161
Case number
CIVIL APPEAL No. 1852/1981
Decided
21 March 1997
Bench
A.M. AHMADI, M.M. PUNCHHI, K. RAMASWAMY (3-judge bench)
Outcome
Appeal(s) allowed
Case type
Civil
Acts & sections cited
Arbitration Act

Headnote

ALLAHABAD v. HEAVY ENGINEERING CORPN. LTD., RANCHI MARCH 21, 1997 (A.M. AHMADI CJI., M.M. PUNCH! AND K. RAMASWAMY, JJ.) Arbitration Act, 194(}-S.3(}-Non-speaking award of the Umpire passed A B on nwits without deciding the preliminary question of arbitrability of the claims-Held: Per that umpire had decided the preliminary issue-Remanded the award to the umpire to decide denovo the arbitrability of the claims-Held, Per minority.~Award valid and legal-From the facts and circumstances it must be presumed that umpire had D considered and decided preliminary question of

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