SupremeToday Landscape Ad
Back
Next
Judicial Analysis Court Copy Headnote Facts Arguments Court observation
judgment-img

2018 Supreme(SC) 2017

RANJAN GOGOI, R.BANUMATHI
K. Sugumar – Appellant
Versus
Hindustan Petroleum Corporation Ltd. – Respondent


Advocates:
Advocate Appeared:
For the Appellant : Mr. V. Prabhakar, Adv. Ms. Jyoti Parasher, Adv. Mr. N.J. Ramchandar, Adv. Mr. R. Chandrachud, AOR
For the Respondent: Mr. Anil Kumar Mishra, Adv. Mr. Parijat Sinha, AOR Mr. Rudra Dutta, Adv.

ORDER :

1. Leave granted.

2. The challenge herein is to the Order of the High Court by which the Order of the learned trial Court dismissing the application under Section 34 of the Arbitration and Conciliation Act, 1996 (hereinafter referred to as 'the Act') filed by the respondents has been reversed by the High Court in an appeal under Section 37 of the Act. Consequently, the Award passed in favour of the appellants by the learned Arbitrator has been set aside.

3. The contours of the power of the Court under Section 34 of the Act are too well established to require any reiteration. Even a bare reading of Section 34 of the Act indicates the highly constricted power of the Civil Court to interfere with an arbitral award. The reason for this is obvious. When parties have chosen to avail an alternate mechanism for dispute resolution, they must be left to reconcile themselves to the wisdom of the decision of the arbitrator and the role of the Court should be restricted to the bare minimum. Interference will be justified only in cases of commission of misconduct by the arbitrator which can find manifestation in different forms including exercise of legal perversity by the arbitrator.

4. In

Click Here to Read the rest of this document
1
2
3
4
5
6
7
8
9
10
11
SupremeToday Portrait Ad
supreme today icon
logo-black

An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers

Please visit our Training & Support
Center or Contact Us for assistance

qr

Scan Me!

India’s Legal research and Law Firm App, Download now!

For Daily Legal Updates, Join us on :

whatsapp-icon telegram-icon
whatsapp-icon Back to top