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HIGH COURT OF RAJASTHAN (JAIPUR BENCH)
SANJEEV PRAKASH SHARMA, SHUBHA MEHTA
State Of Rajasthan, Through Administrative Secretary, Public Works Department – Appellant
Versus
I.J. Mamtani, Chairman, Arbitration Committee – Respondent
JUDGMENT :
1. The State in this appeal assails the order passed by the learned Commercial Court No.2, Jaipur Metropolitan-II dated 20.03.2024, whereby the Commercial Court has rejected the objections raised by the appellant under Section 34 of the Arbitration & Conciliation Act, 1996 (for short ‘the Act of 1996’) and has affirmed the award passed by the Arbitral Tribunal (for short ‘Tribunal’).
2. Mr. Vigyan Shah, learned Additional Advocate General has vehemently submitted that the learned Arbitrator failed to take into consideration the provisions enumerated in the contract and has passed an award without appreciating the facts and circumstances. It is his submission that the concerned Tribunal has failed to take into consideration that the entire contract was time related and if the same would not have been completed within the time frame, the State had full right to determine the contract.
3. He submits that the finding of the Tribunal of the contract not being time bound related is perverse. He also submits that the concerned Engineer had no power to extend the time period of the contract and a wrong presumption has been drawn by the Arbitrator that it can be assumed there must b
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 main legal point established in the judgment is the limited scope of interference with an Arbitral Award under Section 34 of the Arbitration and Conciliation Act, 1996, and the requirement for th....
The limited grounds for interference with an arbitral award under Section 34 of the Arbitration and Conciliation Act, 1996, emphasize the concept of patent illegality and the criteria for setting asi....
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