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Supreme Court of India 2019-07-10 allowed

Sterling Industries vs Jayprakash Associates Ltd. and Ors

Bench: 3 — <UNKNOWN>, <UNKNOWN>, <UNKNOWN>

In Brief

Sterling Industries challenged the High Court's decision to entertain a writ petition against the District Judge's order concerning a partial arbitral award. The Supreme Court held that under Section 16(6) of the Arbitration Act, 1996, no application against a partial award is permissible; consequently, writ jurisdiction cannot be used to challenge orders of an arbitral tribunal. The proper remedy is to challenge the final award under Section 34 of the Arbitration Act. The Court set aside the High Court's judgment and allowed the respondent to challenge the final award once passed, in accordance with law.

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Arbitration Law Civil Procedure Constitutional Law Micro, Small & Medium Enterprises

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