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Friday, August 13, 2010

Expected Matter--Jurisdiction of arbitrator--When regarding certain disputes remedy had already been provided in agreement itself, then said matter cannot be decided by arbitrator.

2010(3) LAW HERALD (P&H) 2044
IN THE HIGH COURT OF PUNJAB AND HARYANA
Before
The Hon’ble Mr. Justice Rakesh Kumar Jain
FAO No.2064 of 2009 (O &M)
Punjab State Civil Supplies Corp. Ltd through its Manager & Anr.
v.
Dharampal & Ors.
{Decided on 14/05/2010}
For the Appellant: Mr. Ritam Aggarwal, Advocate.
For the Respondent No.1: Mr. H.R. Nohria, Advocate.
IMPORTANT POINT
Expected Matter--Jurisdiction of arbitrator--When regarding certain disputes remedy had already been provided in agreement itself, then said matter cannot be decided by arbitrator.
Arbitration and Conciliation Act, 1994, S.4 & 34--Objections--Expected Matter--When regarding certain disputes remedy had already been provided in agreement itself, then said matter cannot be decided by arbitrator--Dispute of short supply of rice which is part of agreement--Matter has to be decided by Managing Director and not by Arbitrator. (Para 5 & 6)