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IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR
SANJEEV PRAKASH SHARMA, BIPIN GUPTA
Parsa Kente Collieries Limited – Appellant
Versus
Rajasthan Rajya Vidyut Utpadan Nigam Limited – Respondent
JUDGMENT :
(SANJEEV PRAKASH SHARMA, ACJ.)
1. The present Civil Miscellaneous Appeal filed under Section 37 of the Arbitration and Conciliation Act, 1996 (hereinafter referred to as the ‘Act of 1996’) assails the order dated 20.05.2023 passed by the learned Commercial Court No. 1, Jaipur Metropolitan-II, Jaipur (hereinafter referred to as ‘Commercial Court’) wherein the application filed under Section 34 of the Act of 1996 was allowed and the arbitral award dated 15.01.2021 and additional award dated 05.07.2021 were set aside.
2. Brief facts of the case are that the appellant is a joint venture company incorporated under the Companies Act, 1956 and has its registered office in Jaipur, which was formed with the objective of undertaking the development of the Parsa East and Kanta Basan Coal Block, mining, beneficiation, arranging for transportation and delivery of coal to thermal power stations owned and operated by the respondent, which is an undertaking of the Government of Rajasthan and is engaged in the business of generation and sale of electricity in the state of Rajasthan.
3. On 16.07.2008, the appellant and respondent executed the Coal Mining and Delivery Agreement (hereinafter re
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 reaffirmed the limited scope of judicial review of arbitral awards under Sections 34 and 37 of the Arbitration and Conciliation Act, emphasizing that courts cannot reappraise evidence or in....
(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....
The judgment emphasizes the limited grounds for interference with arbitral awards under Section 34 of the Arbitration and Conciliation Act, highlighting the need for restraint by courts while examini....
A tribunal must follow natural justice principles, allowing parties to present evidence; failure to do so renders an award susceptible to being set aside.
The court upheld the arbitrator's award, emphasizing limited grounds for judicial interference in arbitration matters.
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