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M. SUNDAR
Chinnadurai – Appellant
Versus
Cholamandalam Investment & Finance Company Ltd. , Rep. by its Authorised Signatory, Chennai – Respondent
JUDGMENT
(Prayer: Petitioner filed under Section 34(2)(iii) of the Arbitration and Conciliation Act, 1996 to set aside the Arbitral Award dated 02.05.2022 bearing No.ARC/CIFCL/VL/RPK/402/2022.)
1. This order will now dispose of captioned matter.
2. This order has to be read in conjunction with and in continuation of earlier proceedings/orders made by this Court in the listings on 13.07.2022 and 27.07.2022, which read as follows:
'Proceedings made on 13.07.2022
'Captioned 'Arbitration Original Petition' [hereinafter 'Arb OP' for the sake of convenience and clarity] has been presented in this Court on 14.06.2022 under Section 34 of 'The Arbitration and Conciliation Act, 1996 (Act No.26 of 1996)' [hereinafter 'A and C Act' for the sake of convenience and clarity] assailing an 'arbitral award dated 02.05.2022 bearing reference Arbitration Case No.ARC/CIFCL/VL/RPK/402/2022' [hereinafter 'impugned award' for the sake of convenience and clarity].
2. Mr.R.S.Jain Le Submar, learned counsel on record for petitioners who is before this Court, adverting to grounds of challenge submits that the petitioners had not received any communication from the respondent and petitioners were suddenly vi
The legal principle established is that a challenge to an arbitral award under Section 34 of the Arbitration and Conciliation Act must be based on valid grounds and evidence.
The court emphasized the importance of providing a fair opportunity to parties in arbitration proceedings and applied the summary procedure for challenges to arbitral awards as provided in the MHC Ar....
The absence of reasons for an arbitral award, non-compliance with notice requirements, and lack of agreement on disputed rules can lead to the setting aside of the award.
Due notice in arbitral proceedings is essential for validity; lack of proper service violates principles of natural justice.
The execution of an arbitral award must adhere to established legal procedures, and any order lacking jurisdiction is considered void.
Arbitration Award - Service of Notice - Notices were returned with remarks ‘left’ and therefore same did not constitute a due service of notice as required under bye-law 287 of the bye-laws of DSE. N....
The issue of stamping and executability of an Award should be determined at the execution stage, not under section 34 of the Arbitration and Conciliation Act, 1996.
The maintainability of a writ petition challenging an arbitral award under the Arbitration and Conciliation Act, 1996 is subject to procedural requirements.
An order under Section 33 of the Arbitration and Conciliation Act, seeking corrections of the arbitral award, cannot be challenged under Section 34 of the Act.
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