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2023 Supreme(Del) 5730

C. HARI SHANKAR
Meera Goyal – Appellant
Versus
Priti Saraf – Respondent


Advocates appeared:
Mr. Ashwini Kumar Mata, Sr. Adv. with Mr. Abhishek Puri, Mr. V. Siddharth and Mr. Surbhi Gupta and Mr. Karan Gaur, Advocates, for the Appellant; Ms. Manisha Parmar, Mr. Kapil Chaudhary, Advocates, for the Respondent.

JUDGMENT

[Statutory provisions have been reproduced in footnotes only to the extent they are relevant.]

1. Meera Goyal ("Meera" hereinafter) challenges, in this petition under Section 34[1] of the Arbitration and Conciliation Act 1996 ("the 1996 Act"), award dated 8 May 2020 passed by the learned Sole Arbitrator in an arbitration instituted against Meera by the respondent Priti Saraf ("Priti" hereinafter).

    [1]34. Application for setting aside arbitral award. -

    (1) Recourse to a Court against an arbitral award may be made only by an application for setting aside such award in accordance with sub-section (2) and sub-section (3).

    (2) An arbitral award may be set aside by the Court only if-

    (a) the party making the application 45[establishes on the basis of the record of the arbitral tribunal that -

    (i) a party was under some incapacity; or

    (ii) the arbitration agreement is not valid under the law to which the parties have subjected it or, failing any indication thereon, under the law for the time being in force; or

    (iii) the party making the application was not given proper notice of the appointment of an arbitrator or of the arbitral proceedings or was otherwise unable to present his case; or

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