SALUJA CONSTRUCTION COMPANYversusNORTHERN COALFIELDS LIMITED

                        [2021] 7 S.C.R. 1111                             1111


             SALUJA CONSTRUCTION COMPANY                                 A
                                  v.
              NORTHERN COALFIELDS LIMITED
                   (Civil Appeal No. 7041 of 2021)
                       NOVEMBER 25, 2021                                 B
          [M. R. SHAH AND SANJIV KHANNA, JJ.]
       Arbitration – High Court in appeal set aside award passed
by the Arbitrator – Propriety – Held: On facts, the Arbitrator was
required to adjudicate and decide dispute between the parties with
                                                                         C
respect to one Project (Bina Project) only – However, the Arbitrator
passed an award not only with respect to the dispute relating to
Bina Project but also with respect to other projects – Therefore, the
High Court rightly held that the arbitrator while decreeing the award
exceeded his jurisdiction in passing award in respect of four
contracts – However, at the same time, the High Court at least ought     D
to have confirmed the claim/amount awarded by the Arbitrator with
respect to Bina Project – Order of High Court accordingly modified
to that extent – Arbitration and Conciliation Act, 1996 – ss. 2(a), 8,
20 and 37.
      CIVIL APPELLATE JURISDICTION: Civil Appeal No. 7041                E
of 2021.
     From the Judgment and Order dated 02.01.2018 of the High Court
of Madhya Pradesh at Jabalpur in A.A. No. 30 of 2012.
      Pijush K. Roy, Mrs. Kakali Roy, Rajan K. Chourasia, Advs. for
the Appellant.                                                           F

       Vikas Singh, Sr. Adv., Ashwani Kumar Dubey, Pankaj Sharma,
Kshitij Mudgal, Ms. Deepika Kalia, Satvik Mishra, Kapish Seth, Ashwini
Kr. Upadhyay, Advs. for the Respondent.
      The following Order of the Court was passed :                      G
                             ORDER
      Leave granted
      1. Feeling aggrieved and dissatisfied with the impugned judgment
and order dated 02.01.2018 passed by the High Court of Madhya Pradesh
                                                                         H
                                1111
1112            SUPREME COURT REPORTS                           [2021] 7 S.C.R.


 A     at Jabalpur in A.A. No. 30 of 2012, by which the High Court has allowed
       the said appeal filed under Section 37 of the Arbitration and Conciliation
       Act, 1996 (Arbitration Act) and has quashed and set aside the award
       passed by the learned Arbitrator, the original claimant has preferred the
       present appeal.
 B            2. That the appellant herein was awarded the contract for
       construction of 100 Nos. B-Type Quarters at Bina (hereinafter referred
       to as the Bina project). An agreement was entered into between the
       parties on 11.01.1986. A dispute arose between the parties with respect
       to the Bina project. The contractor issued a notice under Clause 9 of the
       agreement to appoint an arbitrator in respect of Bina Project only. The
 C     respondent rejected the claim of the contractor. The appellant raised a
       Bill of Rs.2,23,215/- and then filed an application under Section 8/20 of
       the Arbitration Act for filing of agreement and appointment of arbitrator.
       Thus it appears that the dispute at the relevant time was only with respect
       to the work relating to the Bina Project. However, before the learned
 D     Arbitrator, the claim was raised with respect to the other projects and in
       relation to the sister concerns regarding ‘Amlohri Project’ and ‘Jhingurda
       Project’. The learned Arbitrator passed an award with respect to the
       dispute relating to other agreements/contracts even in relation to sister
       concerns over and above the dispute with respect to the Bina Project.
       The appeal under Section 34 of the Arbitration Act against the judgment
 E     and award passed by the learned Arbitrator came to be dismissed against
       which the respondent preferred an appeal under Section 37 before the
       High Court. It was submitted that the learned Arbitrator appointed only
       for the contract relating to Bina Project and the agreement relating to
       the Bina Project was filed before the learned Arbitrator. It was submitted
 F     that as per Section 2(a), 8 and 20 of the Arbitration Act, the mandatory
       requirement was to decide the dispute in relation to a written agreement
       which was filed before the arbitrator. Therefore, it was submitted that
       the learned Arbitrator has travelled beyond in passing the award in respect
       of four contracts. The High Court in the impugned judgment and order
       has accepted the submissions on behalf of the respondent and has quashed
 G     and set aside the award passed by the learned Arbitrator.
             3. Feeling aggrieved and dissatisfied with the impugned judgment
       and order passed by the High Court, the contractor has preferred the
       present appeal.

 H
             SALUJA CONSTRUCTION COMPANY v.                                    1113
              NORTHERN COALFIELDS LIMITED

      4. We have heard Shri Pijush K. Roy, learned counsel appearing           A
on behalf of the appellant and Shri Vikas Singh, learned senior counsel
appearing on behalf of the respondent.
       5. We have gone through the judgment and order passed by the
High Court. It is to be noted that the application under Section 8/20 of
the Arbitration Act was filed by the appellant – Saluja Construction           B
Company – a partnership firm, with respect to the contract for
construction of 100 Nos. B-Type Quarters at Bina Project only. The
agreement between the appellant and respondent with respect to the
Bina Project was produced in application under 8/20 of the Arbitration
act. Therefore, the learned Arbitrator was required to adjudicate and
decide the dispute between the parties with respect to the Bina Project        C
only. However, learned Arbitrator passed an award not only with respect
to the dispute relating to Bina Project but also with respect to the other
projects that too not only with the appellant but with the sister concerns.
Therefore, the High Court has rightly observed and held that the arbitrator
while decreeing the award exceeded in his jurisdiction in passing the          D
award in respect of 4 contracts/contracts. Therefore, as such the High
Court is right in quashing and setting aside the award passed by the
learned Arbitrator with respect to the dues/claims with respect to the
contracts other than the Bina Project and the contracts with other
projects/contractors may be by sister concerns.
                                                                               E
       6. However, at the same time, learned counsel appearing on behalf
of the appellant is right in making the submissions that the High Court at
least ought to have confirmed the claim/amount awarded by the learned
Arbitrator with respect to the Bina Project. It is submitted that the High
Court has set aside the entire award passed by the learned Arbitrator
including the award with respect to the Bina Project. Therefore, to that       F
extent the present appeal is required to be allowed in part and the judgment
and order passed by the High Court is required to be modified to the
extent setting aside the award passed by the learned Arbitrator with
respect to the claims with respect to other projects/other contracts other
than Bina Project.                                                             G
       7. In view of the above, the present appeal is allowed in part. The
impugned judgment and order passed by the High Court is modified to
the extent quashing and setting aside the entire judgment and award
passed by the learned Arbitrator. The judgment and award passed by
the learned Arbitrator except the claims with respect to the Bina Project      H
1114             SUPREME COURT REPORTS                         [2021] 7 S.C.R.


 A     was required to be quashed and set aside and is accordingly quashed
       and set aside. Meaning thereby, award passed by the learned Arbitrator
       with respect to the Bina Project i.e. Rs.5,99,158/- is hereby confirmed.
       The impugned judgment and order passed by the High Court quashing
       and setting aside the award passed by the learned Arbitrator with respect
       to the projects other than Bina Project is rightly set aside by the High
 B
       Court. We confirm the same. It is reported that pursuant to the earlier
       order passed by the High Court, the respondent has deposited 50% of
       the amount awarded by the learned Arbitrator. Therefore, whatever the
       amount deposited in excess of Rs.5,99,158/- with interest @ 8% per
       annum from the date of the award passed by the learned Arbitrator till
 C     the amount was deposited pursuant to the interim order passed by the
       High Court, shall be returned by the appellant to the respondent, if any
       excess amount is deposited and withdrawn by the appellant. The present
       appeal is allowed to the aforesaid extent. In the facts and circumstances
       of the case there shall be no order as to costs.
 D
       Bibhuti Bhushan Bose                                  Appeal partly allowed.




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