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03 December 2021 | MP Housing and Infrastructure Development Board and another v. KP Dwivedi | Civil Appeal 6768 of 2021 & connected matters | MR Shah & BV Nagarathna JJ | Supreme Court of India | 2021 SCC OnLine SC 1171
The Supreme Court has ruled that the respondent could not have referred to the MP Arbitration Tribunal the same claims decided by an arbitrator (appointed by the court in a writ petition) on the premise that the dispute was a works contract over which only that Tribunal had jurisdiction.
The court noted that the arbitrator—the Housing Commissioner--was appointed by a writ court with the parties' consent. His award had attained finality, thus issue estoppel and cause of action estoppel applied. Also, an award or an order that (a party thinks) is nullity cannot be ignored unless an appellate court interferes with it.
Read the decision here.