Award passed by an arbitrator appointed under 1996 Act by Court with consent of parties despite the existence of M.P. Madhyastham Adhikaran Adhiniyam, 1983 is binding, when the same attains finality i.e. is not appealed against at the appropriate stage. Subsequent invocation of arbitration under the 1983 Act regarding identical claims i.e. after an award has already been rendered by the arbitrator appointed under 1996 Act is not permissible. Housing Commissioner was a consent order and the respondent contractor conceded to and accepted the said order and submitted his claim before the arbitrator.
[M.P. Housing and Infrastructure Development Board v. K.P. Dwivedi, (2022) 3 SCC 783]