SHREE CHANDRASHEKHAR, ANUBHA RAWAT CHOUDHARY
Bharat Petroleum Corporation Limited – Appellant
Versus
Anant Kumar Singh, S/o Chandreshwar Prasad Singh – Respondent
JUDGMENT :
Anubha Rawat Choudhary, J.
Heard the learned counsels for the parties.
2. This appeal is directed against the judgment dated 25th February 2020 passed by the learned Presiding Officer, Commercial Court, Ranchi in Commercial Case No. 01 of 2020 dismissing the petition filed on behalf of the appellant under section 34 of the Arbitration and Conciliation Act, 1996 (hereinafter referred to as the ‘Act of 1996’) challenging the award dated 11th March 2018 passed by the learned Arbitrator. A prayer has also been made to set aside the award dated 11th March 2018 passed by the learned Arbitrator.
3. The learned Arbitrator passed an award dated 11th March 2018 directing the appellant to restore the dealership within 3 months from the date of the award failing which respondent No. 1 would be entitled to damages @ Rs 40,000/- per month from the date of cancellation of the dealership till the date of restoration of the dealership. Learned Arbitrator further directed that respondent No. 1 would also be entitled to a sum of Rs.2,50,000/- as cost of arbitration which was to be paid within 2 months from the date of the award with interest @12% per annum failing which, it would carry interes
E. Vankatakrishna Vs. Indian Oil Corporation & Ors.
Indian Oil Corporation Ltd. Vs. Amritsar Gas Service & Ors. reported in (1991) 1 SCC 533
ONGC Ltd. v. Saw Pipes Ltd. reported in (2003) 5 SCC 705
Shiv Kant Yadav Vs Indian Oil Corporation Limited reported in (2007) 4 SCC 410
Ssangyong Engineering and Construction Co. Ltd. Vs. NHAI reported in (2019) 15 SCC 131
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....
The court upheld the validity of the arbitral award, emphasizing limited grounds for judicial interference and the necessity of demonstrating clear error or illegality.
The court established that an arbitral award can be set aside if it contravenes the principles of natural justice and public policy, particularly when crucial evidence is introduced after the conclus....
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