Supreme Court of India

M/s. Indian Farmers Fertilizer Co-operative Limited v. M/s Bhadra Products

Neutral citation

Reported as [2018] 1 S.C.R. 848

Bench R. F. Nariman and Navin Sinha JJ.

Decided 23 January 2018

INSC stands for INDIAN SUPREME COURT. A neutral citation scheme assigned by the Court itself, so a judgment can be cited without depending on a commercial law reporter. INSC is the neutral citation scheme assigned by the Supreme Court, so a judgment can be cited without depending on a commercial law reporter.

4 Supreme Court benches have cited this judgment.

What the Court ordered

We are of the view that Parliament may consider amending Sect ion 34 of the Act so as to consolidate all interim awards together w ith the final arbitral award, so that one challenge under Section 34 can be ma de after delivery of the final arbitral award.

Judgment, page 24

From the headnote

Arbitration and Conciliation Act, 1996 – ss. 2(c), 31 (6), 32 and 34 – Interim Arbitral Award – Whether an award delivered b y an Arbitrator, which decides the issue of limitation, can be said to be an interim award and whether such interim award ca n then be set aside u/s.34 of the Act – Held: Insofar as firs t question is concerned, yes, the language of s.31(6) is advisedly wide i n nature – reading of the said sub-section makes it clear that the juri sdiction to make an interim arbitral award is left to the go od sense of the arbitral tribunal and that it extends to “any matter” with respe

Authorities it was built on

1973 Hariprasad Mulshanker Trivedi v. V. B. Raju and Others cited by 9
1968 Official Trustee, West Bengal & Ors. v. Sachindra Nath Chatterjee & Anr. cited by 4
1963 Ittavira Mathai v. Varkey Varkey and Another cited by 4

Where later benches applied it

2019 M/s. Uttarakhand Purv Sainik Kalyan Nigam Limited v. Northern Coal Field Limited relied on
2019 M/s Embassy Property Developments Pvt. Ltd.v. State of Karnataka & Ors. v. State of Karnataka & Ors referred to
2019 Nusli Neville Wadia v. Ivory Properties & Ors. referred to
2023 In Re: Interplay Between Arbitration Agreements Under the Arbitration and Conciliation Act 1996 and the Indian Stamp Act 1899 v.. mentioned

Of those, 1 relied on · 2 referred to · 1 mentioned

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