VIKRAMAJIT SEN, S.L.BHAYANA
SHREE VINAYAK CEMENT – Appellant
Versus
CEMENT CORPORATION – Respondent
( 1 ) THIS Appeal is directed against the Judgment of the learned Single judge dated 28. 11. 2005 dismissing the Objections filed by the Appellant under section 34 read with Section 16 (6), 28 (1) (a) and 31 (3) of the Arbitration and conciliation Act, 1996 (hereinafter referred to as the 'act' for short) for setting aside the Arbitral Award dated 5. 12. 2002 passed by the Sole Arbitrator. The learned Single Judge has recorded the argument of the Appellant, predicated on Oil and Natural Gas Corporation Ltd.-vs- Saw Pipes Ltd. , AIR 2003 SC 2629, that the Award is patently illegal and, therefore, deserves to be set aside. The learned Single Judge has also noted that it was a detailed and reasoned Award that was under challenge. The Petitioner's attempt to take the learned Single judge through the complete records in an effort to reappraise the material including the evidence on the record of the Arbitral Tribunal was rejected, as being clearly impermissible in view of the provisions of Section 34 of the Act. The scope of Inquiry before us is even more restricted and limited than before the Court dealing with an action under Section 34 of the Act.
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