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2021 Supreme(Mad) 203

SANJIB BANERJEE, SENTHILKUMAR RAMAMOORTHY
Hindustan Petroleum Corporation Ltd. , Rep. by its Senior Manager-Retail Upgradation, Chennai – Appellant
Versus
Banu Constructions, Civil & Electrical Engineering Contractors, Chennai – Respondent


Advocates Appeared:
For the Appellant :O.R. Santhana Krishnan, Advocate
For the Respondents:R. Thiagarajan, Advocate

JUDGMENT :

SANJIB BANERJEE, J.

(Prayer: Appeal filed under Order XXXVI Rule 9 of O.S. Rules read with Clause 15 of Amended Letters Patent 1865 and Section 37 of the Arbitration and Conciliation Act, 1996, against the order dated 03.08.2020 passed in O.P.No.57 of 2015 on the file of this Court.)

1. The argument on behalf of the appellant is short and sweet: that the first principles of arbitration law do not permit an unreasoned order to be justified by supplementing reasons therefor upon looking into the evidence or records pertaining to the arbitral reference.

2. This is a classic example of what cannot be done by an Arbitration Court when in receipt of a petition for setting aside an arbitral award. The primary ground of challenge before the Arbitration Court was that the award was unreasoned. As if in agreement with such principal contention, some 30 pages have been expended in constructing an order that seeks to give reasons and legal crutches to a completely unreasoned award.

3. It is elementary that when parties to an agreement carry their disputes to a consensual forum in preference to the usual forum of a civil Court, the Court will be slow in entertaining a challenge that eith

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