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SURAJ GOVINDARAJ
Karnataka State Electronics Development Corporation Limited, Represented By Its Authorized Signatory Mrs. B. S. Roopakala – Appellant
Versus
Lakshmi Nirman Pvt. Ltd. , Represented By Its Managing Director Mr. G. R. Suresh – Respondent
ORDER :
(Suraj Govindaraj, J.)
1. Petitioner is before this Court seeking for the following reliefs:-
ii. Allow the application [IA No.III] dated 04.06.2019 fled under Rule 4(b) of the High Court of Karnataka Arbitration (Proceedings before the Courts) Rules, 2001 read with Section 151 of the Code of Civil Procedure, 1908 vide Annexure - C;
iii. Pass such other order/s or grant such other relief/s as this Hon'ble Court deems fit to grant in the facts and circumstances of this case."
2. The respondent had filed a claim petition before the Arbitrator, in which, an award was passed against the petitioner. Challenging the same, the petitioner had filed proceedings under Section 34 of the Arbitration & Conciliation Act, 1996 (hereinafter referred to as 'the Act' for short), which came to be numbered as Com.A.S.No.238/2018.
3. When the matter was posted for arguments, the petitioner had filed an application under Rule 4(b) of the High Court of Karnataka Arbitration (Proceeding
Prior to the amendment of Section 34(2)(a) of the Arbitration Act, an applicant could introduce additional evidence beyond the record before the arbitrator when seeking to set aside an arbitral award....
Setting aside of Arbitral award – Section 34 application will not ordinarily require anything beyond record that was before arbitration and cross-examination of persons swearing in to affidavits shou....
The court's jurisdiction in considering the application under Section 34 of the Act, 1996 is limited and restricted, and it does not have the power to allow amendments not pleaded before the Arbitrat....
The non-furnishing of a certified copy of the award does not render an application under Section 34 of the Arbitration and Conciliation Act, 1996, non-est.
The court upheld limitations on condonation applications under the Arbitration and Conciliation Act, emphasizing adherence to statutory timelines.
The court established that an arbitral award can be set aside if it contravenes the principles of natural justice and public policy, particularly when crucial evidence is introduced after the conclus....
The court emphasized the importance of efficiency and expediency in arbitral proceedings and upheld the Tribunal's assessment of evidence based on the relevant legal provisions.
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