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VINIT KUMAR MATHUR
State of Rajasthan – Appellant
Versus
A. Muthuswamy – Respondent
JUDGMENT
1. With the consent of counsel for the parties, the present appeal is being heard and decided finally.
2. The instant appeal has been preferred under section 37 of the Arbitration and Conciliation Act, 1996 against the order dated 03.01.2019 passed by learned Additional District Judge No.4, Udaipur in Civil Original Case No.3/2015 (CIS No.2354/2015). Vide judgment dated 03.01.2019, the application preferred by the appellants under section 34 of the Arbitration and Conciliation Act, 1996 (hereinafter shall be referred to as 'Act of 1996') has been rejected while affirming the findings recorded by the Arbitrator vide award dated 21.05.2015.Learned counsel for the appellants has vehemently argued that the learned court below has not properly appreciated the facts in the light of section 34 of the Act of 1996 as also the arguments raised therein. She submits that for a considerable period of time the contractor did not complete the work despite being given proper opportunity or extension to complete the work on the site. She fairly submits that on certain occasions, the work
The court reinforced that under the Arbitration and Conciliation Act, 1996, the scope for judicial interference with arbitral awards is limited, particularly regarding factual findings.
The main legal point established in the judgment is the limited scope of interference under Section 37 of the Arbitration and Conciliation Act, 1996, and the importance of interpreting the contract a....
The Court's power while exercising jurisdiction under Section 37 of the Act is limited, and it cannot undertake an independent assessment on the merits of the Award.
The court confirmed that judicial interference in arbitral awards is limited to cases of patent illegality or perverse findings, respecting the finality of arbitration.
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