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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 a High Court order that had set aside a partial arbitral award. The Supreme Court held that the District Judge's order — which itself was based on an impermissible application against the partial award under the Arbitration Act — could not be the subject of a writ petition. The Court reaffirmed that arbitral tribunals, being contractually constituted forums, are not subject to High Court writ jurisdiction for correcting intermediate orders. A party must either appeal under Section 37 (if available) or challenge the final award under Section 34. The High Court judgment was set aside, but the respondent was granted liberty to challenge the award once it is finally passed.

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