V.RAMASWAMI, B.P.JEEVAN REDDY, S.RANGANATHAN
Food Corporation Of India – Appellant
Versus
Jagdish Chandra Saha – Respondent
Judgment
JUDGMENT :- Leave granted.
2. The award in this case did not give any reasons. When the matter went to the Subordinate Judge he set aside the award on the ground that the order appointing the arbitrator had contained a specific direction that where the amount of claim in dispute is Rs. 25,000/- or above, the arbitrator should record his reasons for the award and that, since no reasons had been given by the arbitrator the award should be set aside. In this view, he did not consider the other objections raised on behalf of the Food Corporation of India which had challenged the award. However, on appeal, the High Court has reversed this conclusion of the learned subordinate Judge. It has held that, in view of the decision of this Court in Food Corporation of India v. Great Eastern Shipping Company Ltd. (1988) 3 SCR 366 and Raipur Development Authority v. M/s Chokhamal Contractors, (1989) 2 SCC 721, no objection could be taken to an award merely on the ground that no reasons have been stated therefor when the arbitration clause did not contain any requirement to that effect. The High Court, however, instead of considering other objections permissible to challenge a non-speaking
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