AIROnline 2018 MP 48

Madhya Pradesh High Court

Hon'ble Judge(s): Hemant Gupta , C.J. AND Vijay Kumar Shukla, Subodh Abhyankar , JJ

(A) Madhya Pradesh Madhyastham Adhikaran Adhiniyam (29 of 1983) , S.2(1)(d), S.7A— Reference petition Expression Ascertained money in S.2(1)(d) - Includes amount of consequential relief 2003 (1) M. P. H. T. 205, M. A. No. 1030/1999 dated 16-2-2010 (MP) Overruled. (B) Civil P.C. (5 of 1908) , O.2 R.2, S.89— Reference petition - Dispute as to works contract - Mere declaration of termination of contract is not substantial relief - In guise of mere declaration aggrieved person cannot be permitted to omit consequential relief. (C) Arbitration and Conciliation Act (26 of 1996) , S.1, S.8— Reference petition - Dispute as to termination of contract - Consequential relief such as right to complete remaining work or to challenge revenue recovery certificate etc. available to contractor on date of making reference - Failure of contractor to include said consequential relief in reference - Raising of said relief in subsequent proceedings before Arbitral Tribunal or any other forum - Not permissible. (D) Arbitration and Conciliation Act (26 of 1996) , S.2(4)— Arbitration proceedings - Arbitrator is to do justice in sense of arising at fair decision - He is not bound by strict law of evidence. ....