IN THE HIGH COURT OF JHARKHAND AT RANCHI
Arbitration Appeal No.6 of 2008
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Kamla Prasad Choudhary Appellant
Versus
The State of Jharkhand & Ors. Respondents
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CORAM: HON'BLE THE CHIEF JUSTICE
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For the Appellants : Mr. Rajeev Kumar
For the Respondents : Mr. R.Mukhopadhaya
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Order No. 13 Dated 16th September, 2011
The trial court has passed the order on 06.10.2007 by
exercising power under section 151 C.P.C. and declared
the entire proceedings which appears to be of appointing
Arbitrator under section 8 of the Arbitration and
Conciliation Act, 1996 by the Court of Sub-Judge, IX,
Ranchi have been declared nullity.
According to the learned counsel for the appellant
this L.P.A. has been preferred under section 37 of the
Arbitration and Conciliation Act, 1996. It appears from the
facts of the case that the straightway application under
section 8 of Act of 1996 was entertained by the Court
who was not designated Court under section 11 of the Act
of 1996 and the Arbitrator appointed by that order of the
Court passed the Award and , thereafter, by the impugned
order dated 06.10.2007 the same Court declared the
entire proceedings of appointment of Arbitrator as nullity
by invoking power under section 151 C.P.C.
Learned counsel for the appellant wants to satisfy
this Court that such order setting aside the entire
arbitration proceeding including the appointment of the
Arbitrator can be challenged under section 37 of the Act
by way of preferring appeal even when order has been
passed under section 151 C.P.C. for setting aside the
Arbitration Proceeding itself and not only the Award
which is only a consequence of setting aside of the entire
proceedings and to satisfy whether this impugned order
dated 06.07.2007 passed by the Civil Court in exercise of
power under section 151 C.P.C. can be challenged in
appeal under section 37 of the Act of 1996.
At the request of the learned counsel for the
appellant, put up this case on next Friday i.e. 23.09.2011.
(Prakash Tatia, C.J.)
Raman/Birendra