AIR 1981 SUPREME COURT 2075 ::1981 (4) SCC 634 ::(1982) 95 Mad LW 133

Supreme Court Of India

(From : Delhi)*

Hon'ble Judge(s): D. A. Desai, A. P. Sen , JJ

(A) Arbitration Act (10 of 1940) , S.31(4), S.14, S.2(c)— Scope - Application in reference made to some other Court than one contemplated by S.14 - That other Court also having jurisdiction to entertain arbitration proceedings - Subsequent applications arising out of reference will have to be made to that other Court. In the instant case an application was made to Delhi High Court under S.20 for a direction to file the arbitration agreement in the Court. The proceeding was numbered as a suit. The suit ended in an order of reference to the arbitrator. A subsequent application was made to Delhi High Court under S.5 read with S.11 of the Act for removal of the arbitrator. On this application being dismissed, the matter was brought to the Supreme Court in appeal. By the decision of the Supreme Court in the appeal the arbitrator was removed and another person was appointed as sole arbitrator. Indisputably, therefore, the arbitrator was appointed by the Supreme Court. The appeal was accordingly disposed of. Thereafter, the Supreme Court gave further direction about the manner and method of conducting the arbitration proceedings and fixed the time for completion of arbitration proceedings. Held that the disposal of the appeal by the Supreme Court by appointing another @page-SC2076 arbitrator would not mean that the Supre....