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SUNITA AGARWAL, PRANAV TRIVEDI
Board of Trustees of Deendayal Port – Appellant
Versus
M. S. Khurana – Respondent
ORDER :
Pranav Trivedi, J.
1. The present First Appeal under Section 37 of the Arbitration and Conciliation Act, 1996 ( hereinafter referred to as the “Act of 1996”) impugn the judgment and order dated 31.12.2022 passed by Additional District Judge, Gandhidham-Kachchh in Civil Misc. Application (Arbitration) No. 21 of 2021, whereby the learned Judge rejected the application filed under Section 34 of the Act of 1956 and confirmed the arbitral award dated 01.03.2013.
2. The relevant facts in the present case are that the appellant is a body Corporate constituted under the Major Port Trust Act, 1963 working under the direct control of Ministry of Shipping, Government of India. The respondent is a Partnership Firm, who was granted with tenderer work by the appellant vide work order dated 16.11.1999 with instructions to commence the work from 01.12.1999. The time-line to complete the same was within one year. The work order constitute of construction of ‘Central Road, behind 6th and 7th Cargo Berth Area at New Kandla (Stage-III)’. Due to delay in work order, dispute arose between the appellant and the respondent. This resulted into appointment of sole-arbitrator on 28.09.2012 for deciding
The court upheld the principle that arbitral awards should not be interfered with unless there is a clear violation of public policy or a patent illegality.
The court confirmed that judicial interference in arbitral awards is limited to specific grounds, emphasizing respect for the arbitral process and the finality of awards.
The court confirmed that judicial interference in arbitral awards is limited to cases of patent illegality or perverse findings, respecting the finality of arbitration.
The judgment reinforces the principle that courts have limited grounds to interfere with arbitral awards, respecting the finality of arbitration under the Arbitration and Conciliation Act.
The court affirmed that judicial interference in arbitral awards is limited, focusing on the necessity of cogent reasoning and adherence to public policy.
The court affirmed that judicial intervention in arbitral awards is limited to grounds of public policy or patent illegality, emphasizing respect for the Arbitrator's findings.
The court emphasized that judicial interference with arbitral awards is strictly limited, focusing only on issues of public policy or jurisdictional errors and cannot re-evaluate the merits of the aw....
The court reaffirmed that judicial intervention in arbitration under Sections 34 and 37 is limited to ensuring no substantial legal errors occurred, emphasizing the importance of respecting the arbit....
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