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Supreme Court of India

M.D., Army Welfare Housing Organisation v. Sumangal Services Pvt. Ltd.

Neutral citation
Reported as [2003] SUPP. 4 S.C.R. 385
Bench V.N. Khare, Brijesh Kumar and S.B. Sinha JJ.
Decided 8 October 2003

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14 Supreme Court benches have cited this judgment.

What the Court ordered

We are of the opinion that the arbitrator H could not have ignored the role of the architect in terms of clause 130 of M.D., ARMY WELFARE HOUSING ORGANISATION v.

Judgment, page 46

From the headnote

Arbitration : Arbitration Act, 1940 : Section 4l(b) proviso-Interim order-Passing of-Powers of Arbitrator-Held: Arbitrator does not have power to pass an interim order in the absence of any specific agreement in relation thereto. c Section 30-Award-Misconduct by Arbitrator-Setting aside of award-Arbitrator refused to consider provisions of contract dealing with rights and liabilities of parties-Held: Such a conduct amounted to legal misconduct on the part of the Arbitrator-Hence, award liable to be set aside. Section 30-Award-Error apparent on the face of award-Setting aside of award-Disputes

Authorities it was built on

Where later benches applied it

Of those, 2 relied on · 12 mentioned

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