AIR 2004 SUPREME COURT 1344 ::2004 AIR SCW 219
Supreme Court Of India
(From : Calcutta)*
Hon'ble Judge(s): V. N. Khare, Brijesh Kumar, Satya Brata Sinha , JJJ

(A) Arbitration Act (10 of 1940) , S.13, S.41(b) Proviso— Powers of Arbitrator - Arbitrator has no power to pass interim order - Proviso to S.41(b) would not be applicable in such case. An Arbitrator had no jurisdiction to pass the interim order under the Act, in absence of any specific agreement in relation thereto. @page-SC1345 The Arbitrator by an interim order could not have placed the parties to a situation which would travel beyond the subject of disputes and differences referred to the arbitration. As no claim and counter-claim had been filed before the Arbitrator, the Arbitrator was not even aware of the nature of claims of the parties. He neither found any prima facie case nor balance of convenience for passing the said interim order. Furthermore, an Arbitrator is bound by the terms of reference. An arbitral Tribunal is not a Court of law. Its orders are not judicial orders. Its functions are not judicial functions. It cannot exercise its power ex debito justitiae. The jurisdiction of the Arbitrator being confined to the four corners of the agreement, he can only pass such an order which may be subject-matter of reference. In the instant case the said interim order was not passed with consent of parties. If the Arbitrator has no juridiction to pass an interim order, even by consent no such jurisdiction could be conferre....

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