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        <h1>Appeal overturns trial court decision on counterclaim, upholds arbitrator's award.</h1> <h3>State of Goa Versus Praveen Enterprises</h3> State of Goa Versus Praveen Enterprises - (2012) 12 SCC 581 Issues Involved:1. Jurisdiction of the arbitrator to entertain counter claims.2. Interpretation of 'reference to arbitration' under the Arbitration and Conciliation Act, 1996.3. Applicability of Sections 21 and 43 of the Arbitration and Conciliation Act, 1996.4. Scope of Sections 11 and 23 of the Arbitration and Conciliation Act, 1996.5. Relevance of prior judicial decisions on counter claims in arbitration.Issue-wise Detailed Analysis:1. Jurisdiction of the Arbitrator to Entertain Counter Claims:The main question was whether the Respondent in arbitration proceedings could make a counter-claim without it being specifically referred to arbitration by the court or agreed upon by the parties. The court clarified that under Section 23 read with Section 2(9) of the Arbitration and Conciliation Act, 1996, a Respondent is entitled to raise counter claims unless the arbitration agreement restricts the arbitration to only those disputes specifically referred. The court concluded that the counter claims by the Appellant were maintainable and arbitrable.2. Interpretation of 'Reference to Arbitration':The court detailed that 'reference to arbitration' can mean various acts, including parties referring disputes to an agreed arbitrator, an appointing authority nominating an arbitrator, or a court appointing an arbitrator upon a party's application. The court emphasized that where all disputes are referred to arbitration, the arbitrator has jurisdiction to decide all disputes raised in the pleadings, including counter claims, unless the arbitration agreement specifically limits the arbitrator's jurisdiction.3. Applicability of Sections 21 and 43 of the Arbitration and Conciliation Act, 1996:Section 21 specifies the commencement of arbitral proceedings, which is relevant for determining the applicability of the Limitation Act, 1963, to arbitration. The court noted that Section 21 is mainly for determining the date of commencement of arbitration to decide if claims are barred by limitation. For counter claims, Section 3(2)(b) of the Limitation Act, 1963, provides that the date of making the counter claim before the arbitrator is the date of 'institution' for limitation purposes.4. Scope of Sections 11 and 23 of the Arbitration and Conciliation Act, 1996:Section 11 pertains to the appointment of arbitrators and does not require the Chief Justice or his designate to identify and refer specific disputes to arbitration. Section 23 allows the claimant to file a statement of claim and the Respondent to file a counter claim. The court clarified that the arbitrator could entertain counter claims unless the arbitration agreement restricts the arbitration to specifically referred disputes.5. Relevance of Prior Judicial Decisions on Counter Claims in Arbitration:The court discussed prior decisions, including SBP and Co. v. Patel Engineering Ltd. and National Insurance Co. Ltd. v. Boghara Polyfab Private Ltd., which indicated that the Chief Justice or his designate could decide if a claim was a dead one (long time barred). However, the court clarified that this does not mean all claims and counter claims must be detailed in the Section 11 application. The court also referred to Indian Oil Corporation Ltd. v. Amritsar Gas Service, which allowed counter claims to be raised directly before the arbitrator when all disputes between parties are referred to arbitration.Conclusion:The appeal was allowed, and the High Court's order affirming the trial court's judgment regarding counter claim No. 3 was set aside. Consequently, the arbitrator's award was upheld in its entirety, and the challenge by the Respondent was rejected.

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