Breaking SUPREME COURT CRACKS DOWN ON HOME LOAN SUBVENTION FRAUD: CBI PROBE EXPEDITED, 30-DAY SANCTION DEADLINE FOR BANK OFFICIALS
New Delhi · Tuesday, 11 August 2026 9888666310 | [email protected]
Free Law — free judgments and free headnotes Free Lawby De Jure
Supreme Court of India 2018-01-23 allowed

Indian Farmers Fertilizer Co-Operative Limited vs Bhadra Products

Bench: 2 — R.F. Nariman

In Brief

An arbitrator awarded that the respondent's claim was not time-barred. The appellant challenged this "First Partial Award" under Section 34 of the Arbitration and Conciliation Act, 1996. The District Judge and High Court dismissed the challenge, holding that a decision on limitation cannot be an interim award challengeable under Section 34. The Supreme Court allowed the appeal, holding that an award finally determining one issue (here, limitation) at an intermediate stage of proceedings is an interim award and is separately challengeable under Section 34. The Court clarified that "jurisdiction" in Section 16 (the Kompetenz principle) refers narrowly to the tribunal's authority over the arbitration agreement itself, not to substantive issues like limitation. The Section 34 proceedings were remitted to the District Judge.

The lawyer headnote and full judgment text are available to registered users.

Arbitration Civil Procedure Limitation Interim Awards Jurisdiction Section 34 Challenge

Read the full judgment & headnote. It's free.

Register to read the complete Supreme Court judgment text and the headnote, and to search 1 lakh+ Supreme Court judgments by meaning. It is a free service.

Register Free Login