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1982 Supreme(Del) 47

High Court Of Delhi
DELHI DEVELOPMENT AUTHORITY - Appellant
Versus
ALKARAM - Respondent
First Appeal (OS) 142 of 1979
Decided On : 02/24/1982

Advocates Appeared:
L.K.PANDEY, L.M.Sanghvi, R.K.Khanna, R.L.PAL, Rajesh Lakhanpal, RAM PAUL, RISHIKESH

Headnote:Arbitration Act, 1940 - Section 30. — Where an arbitrator makes a mistake either in law or in fact but such mistake does not appear on the face of the award, the award is good notwithstanding the mistake and will not be remitted or set aside.

        To make a mistake of fact is not misconduct" so long the mistake of law does not appear on the face of the award. The term "misconduct" properly applies to the "procedural mishaps" which result in injustice. The arbitrator is not bound by the technical rule & evidence. The arbitrator does not give judicial justice but rough justice of the world.

( 1 ) WHERE an arbitrator makes a mistake either In law or in fact but such mistake does not appear on the face of the award, the award is good notwithstanding the mistake and will not be remitted or set aside.

( 2 ) TO make a mistake of fact is not "misconduct" so long the mistake of law does not appear on the face of the award. The term "misconduct" properly applies to the "procedural mishaps" which result in injustice. The arbitrator is not bound by the technical rule and evidence. The arbitrator does not give judicial justice but rough justice of the world.

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