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DHARMESH SHARMA
Aman Hospitality Pvt. Ltd. – Appellant
Versus
Orient Lites – Respondent
JUDGMENT
Dharmesh Sharma, J. - This appeal is filed by the appellant under Section 37(1)(c) of The Arbitration and Conciliation Act, 1996[A&C Act] assailing the impugned order dated 25.09.2020 passed by the learned Additional District Judge-07, South-East District, Saket Courts, New Delhi[ADJ] in Arbitration Case No. 153/2018, whereby, the application under Section 34 of the A&C Act moved by the appellant challenging the arbitral award dated 15.12.2017 passed by the learned Sole Arbitrator was dismissed.
BRIEF FACTS:
2. Briefly stated, the claimant, i.e., the respondent before this Court, is stated to be a partnership concern and engaged in the business of lighting consultants, manufacturers and suppliers. Pursuant to an oral agreement between the parties, parties entered into a written agreement dated 25.02.2012. Subsequently, the appellant was supplied with various consignments of goods during the period from 2012 to 2016 by the claimant/respondent vide various invoices/bills from time to time and the parties maintained a running account and payments were made from time to tim
The court clarified the limited grounds for interference with arbitral awards under Section 34 and emphasized the importance of timely goods delivery in contractual obligations.
The learned Arbitrator exceeded his jurisdiction in reviewing the Original Award under Section 33 of the Arbitration and Conciliation Act, 1996.
(1) While exercising power under Section 34 of A & C Act, arbitral award can only be confirmed or set aside, but not modified.(2) Award passed by Arbitral Tribunal cannot be set aside on the ground t....
(1) Appeal against modified arbitral award – Merits of award are only to be gone into, if award is demonstrated to be contrary to public policy of India.(2) Arbitral proceedings are per se not compar....
The court emphasized that an award should not be made in contravention of statutory provisions and should consider evidence and admissions. The court also highlighted the principle of severability of....
The court clarified that its jurisdiction under Section 34 of the Arbitration and Conciliation Act is limited to setting aside the arbitral award based on specific grounds and does not extend to modi....
The court emphasized the limited grounds for setting aside an arbitral award under Section 34 of the A&C Act and the lack of power to modify, revise, or vary the terms of an award under this section.
The main legal point established in the judgment is the interpretation of 'live dispute' and 'admitted liability' in the context of arbitration proceedings, and the court's reliance on relevant provi....
The court affirmed that limited judicial review under Section 34 of the Arbitration Act does not allow for re-evaluation of arbitration awards unless they are demonstrably perverse, illegal, or devoi....
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