Modern Builders vs State of Madhya Pradesh 2024 INSC 643 – Arbitration

Arbitration and Conciliation Act, 1996 -Madhya Pradesh Madhyastham Adhikaran Adhiniyam, 1983 – In this case, the award has been set aside only on the ground that the appellant ought to have invoked the provisions of the 1983 Act – Allowing appeal, SC observed: this is a fit case to exercise jurisdiction under Article 142 of the Constitution of India to ensure that complete justice is done. Therefore, by setting aside the impugned judgment, the appeal under Section 37 of the Arbitration Act will have to be restored with a request to the High Court to decide the same on merits- it will be unjust to set aside the award only on the ground of the failure of the appellant to take recourse to the 1983 Act. In fact, the appellant had taken recourse to the 1983 Act before seeking the appointment of an Arbitrator.

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