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SOUMEN SEN, SAUGATA BHATTACHARYYA
Jute Corporation of India Ltd. – Appellant
Versus
ABL International Ltd. (Now Sudera Realty Pvt. Ltd. ) – Respondent
JUDGMENT :
SOUMEN SEN, J.
1. These present appeals and cross-appeals are arising out of a common judgment and order dated April 23, 2018 passed by a learned Single Judge in connection with four applications for setting aside of two arbitral awards both dated December 20, 2013 under Section 34 of the Arbitration and Conciliation Act, 1996 (hereinafter ‘the 1996 Act’).
I. Summary of Facts
2. The facts relevant for the purpose of deciding these appeals, are summarised below:
The court upheld the Arbitral Award, emphasizing limited grounds for interference and confirming the validity of the Sole Arbitrator's findings regarding the Lease Deed.
The court upheld the Arbitral Award, affirming that the Sole Arbitrator's findings were plausible and did not warrant judicial interference under Section 34 of the Arbitration Act.
The arbitrator must address allegations of fraud and collusion affecting the enforceability of a contract; failure to do so results in an award being set aside for patent illegality.
(1) Payment of rent – Rights and liabilities of parties arise from date of execution of lease and not from any anterior date.(2) Arbitral award – Grounds for setting aside an award are very limited.
The court affirmed that an arbitral award can only be set aside for patent illegality, emphasizing that lessor maintained obligations under the lease despite lessee's claims. Termination due to non-p....
Limited interference with arbitral awards under S.34/37 of A&C Act; partial set-aside for patent illegality in severable claims.
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