1988 Supreme(SC) 538

SUPREME COURT OF INDIA
SABYASACHI MUKHARJI AND S. RANGANATHAN, JJ.
Suresh Ragho Desai and another, Petitioners
Versus
Smt. Vijaya Vinayak Ghag and another, Respondents.
Special Leave Petn. Civil No. 231 of 1987, D/- 29-8-1988.

Headnote:

Constitution of India – Article 136 – High Court of Bombay dismissed the challenge to the award in question – Award is an unreasoned one, The transanctions between the parties started sometimes in 1974 – Petitioners participated in the reference in 1979, without demur, the award was made – No objection was taken at that time that the award was bad being an unreasoned one – Matter is pending for a long time – It is not desirable, in the interest of justice, to keep this matter pending because some cases are pending here on the question of the validity of unreasoned award per se – Parties participated in the arbitration – High Court has pointed out on reading the award that it does not indicate that all relevant documents had not been taken into consideration – On the facts of this case, from the records and on the face of the award there is no mistake of law apparent on the face of the award or gross mistake of facts resulting in the miscarriage of justice or of equity – Held, In the premises it would be unjust under of the Constitution to interfere or keep the finding at bay – High Court of Bombay dismissed the challenge to the award in question – Award is an unreasoned one, The transanctions between the parties started sometimes – petitioners participated in the reference, the award was made – No objection was taken at that time that the award was bad being an unreasoned one – Matter is pending for a long time – It is not desirable, in the interest of justice, to keep this matter pending because some cases are pending here on the question of the validity of unreasoned award per se – Parties participated in the arbitration – Petition dismissed.