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2023 Supreme(Cal) 1278

HARISH TANDON, PRASENJIT BISWAS
State of West Bengal – Appellant
Versus
Soharab Ali Sardar – Respondent


Advocates Appeared:
For the Appellants : Mr. Ashim Kumar Ganguly, Mr. Pritam Chakraborty, Mr. Mukul Biswas.
For the Respondent: Mr. Samik Bagchi.

JUDGMENT :

Prasenjit Biswas, J.

The appellants have preferred this appeal being aggrieved by and dissatisfied with the order dated 20.09.2018 passed in connection with an application filed under sections 30 and 33 of the Arbitration Act, 1940 by the learned Civil Judge (Senior Division), 1st Court at Baruipur.

2. Mr. Ashim Kumar Ganguly, learned Senior Counsel appearing for the Appellants is very much vocal on the point that the impugned arbitral award is bereft of any reasons and as such it cannot stand under the provisions of law. He further submits that court below erred in law and fact in rejecting the application filed under sections 30 and 33 of the Arbitration Act, 1940 filed by these appellants as the parties went into arbitration with clear understanding and belief that the proceedings was conducted under the 1996 Act.

3. Any award made by an arbitrator can be set aside only if one or the other term specified in sections 30 and 33 of the Arbitration Act, 1940 is attracted. It is submitted that the award passed by the arbitrator is bereft of reasons and as such the award passed by the arbitrator should be nullified. Section 30 of the Arbitration Act, 1940 provides for setti

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