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IN THE HIGH COURT OF KARNATAKA AT BENGALURU
MR V KAMESWAR RAO, ACJ, S Rachaiah
Mahadeva – Appellant
Versus
Arattukulam Developers – Respondent
JUDGMENT :
V KAMESWAR RAO, ACJ.
The challenge in this appeal is to a judgment dated 04/04/2022 passed by the learned LXXXV Addl. City Civil and Sessions Judge, Bengaluru (‘Trial Court’ for short) in Com.AP No.17/2020, whereby the Trial Court has dismissed the petition filed under Section 34 of the Arbitration and Conciliation Act, 1996 (‘Act of 1996’ for short).
2. The facts to be noted are, it is the case of the appellants that, they are the absolute owners of the converted lands bearing Sy.No.95 measuring 2 acres 36 guntas, Sy.No.96 measuring 4 acres 04 guntas, Sy.No.97/1 measuring 30 guntas, Sy.No.97/2 measuring 1 acre 03 guntas, Sy.No.99/3 measuring 29 guntas, in all measuring 9 acres 22 guntas, situated at Lingapura Village, Kasaba Hobli, Anekal Taluk, Bengaluru District.
3. The respondent No.1 is partnership firm and is represented by its one of the Partner Sri. Tony Vincent. Respondent No.1 entered into joint development agreement dated 19/05/2014 registered as Document No.1383/2014-15, Book I, in the office of the Sub-Registrar, Attibele, Anekal Taluk with the appellants, to form a residential layout in accordance with sanctioned plan and licence and specifications agreed bet
The court affirmed that arbitral awards can only be set aside under Section 34 if grounds of patent illegality are established, emphasizing the sanctity and finality of arbitration decisions.
The court upheld the trial court's dismissal of the appeal against the arbitration award, confirming that there was no patent illegality or grounds for interference under the Arbitration and Concilia....
An arbitral award can only be set aside on limited grounds as defined in Section 34 of the Arbitration Act, and claims are not barred by limitation if notice of refusal is not received.
The court upheld the arbitral award, finding no unreasonable delay or jurisdictional errors, affirming the arbitrator's findings were based on evidence, as claims were not barred by limitation.
The scope for judicial interference with arbitral awards is minimal, and intervention is limited to instances of patent illegality or perverse findings according to Sections 34 and 37 of the Arbitrat....
The jurisdiction of the Appellate Court dealing with an appeal under Section 37 against the judgment in a petition under Section 34 is more constrained than the jurisdiction of the Court dealing with....
The court confirmed that judicial interference in arbitral awards is limited to cases of patent illegality or perverse findings, respecting the finality of arbitration.
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