Supreme Court of India
Fiza Developers & Inter-trade P. Ltd. v. Amci (i) Pvt. Ltd. & Anr.
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3 Supreme Court benches have cited this judgment.
What the Court ordered
We therefore find no reason to interfere with the impugned order of the High Court. The appeal is dismissed. As the award is of the year 2005, we request the City Civil Court to dispose of the application expeditiously.
Judgment, 15
From the headnote
ARBITRATION AND CONCILIATION ACT, 1996: s. 34(2) - Application for setting aside an award - Framing of issues - HELD: Framing of issues as contemplated under Or. 14, r. 1 CPC is not an integral part of the process of proceedings u/s 34 of the Act - Having regard to the object of the Act in providing an expeditious alternative binding dispute resolution process with minimal court intervention, proceedings u/s 34 are summary in nature and are not envisaged as full-fledged regular suits under CPC - An application u/s 34 has to be considered, bearing three factors in mind (i) that the Act is a special enactment and s.34 provides for a special remedy; (ii) that an arbitration award can be set aside only if one of the grounds mentioned in sub-s. (2) of s.34 exists; and (iii) that proceedings u/s 34 require to be dealt with expeditiously…
Authorities it was built on
- Makhan Lal Bangal v. Manas Bhunia
Where later benches applied it
- 2018 M/s Emkay Global Financial Services Ltd. v. Girdhar Sondhi
- 2023 M/s Alpine Housing Development Corporation Pvt. Ltd. v. Ashok S Dhariwal and Others
- 2019 M/s. Canara Nidhi Limited v. M. Shashikala and Others
Of those, 1 relied on · 2 referred to
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