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M. SUNDAR, K. GOVINDARAJAN THILAKAVADI
Rattha Holding Company Pvt. Ltd. – Appellant
Versus
Global Talent Tract Pvt. Ltd. – Respondent
JUDGMENT :
M.SUNDAR, J.
This judgment / order will now dispose of the captioned OSA and 'Civil Miscellaneous Petition' {hereinafter 'CMP' for the sake of brevity} thereat.
2. Captioned matter is listed under the cause list sub-caption 'PART-HEARD' today as it was heard in part in the listing on 10.06.2024 on which day, the following proceedings were made:
M.SUNDAR,J.,
and
K.GOVINDARAJAN THILAKAVADI, J.,
(Order of the Court was made by M.SUNDAR, J.)
Captioned intra-court appeal i.e, 'Original Side Appeal' ['OSA' for the sake of brevity] has been presented in this 'Commercial Appellate Division' [CAD] on 03.01.2022 assailing an 'order dated 16.09.2021 made in O.P.No.936 of 2015' ['impugned order' for the sake of brevity] made by a Section 34 Court i.e., Hon'ble Single Judge of this Court presiding over Section 34 Court.
2.In the Section 34 Court, an Arbitral Award dated 03.10.2015 made in Arbitration Case No.01/2013 by 'a former Hon'ble Judge of this Court as sole arbitrator' [hereinafter 'AT' denoting Arbitral Tribunal for the sake of brevity and convenience] was assailed.
3.Two companies which are adversaries are 'G
Unregistered lease deeds cannot be considered in arbitration proceedings, as their non-registration renders them inadmissible, constituting patent illegality under the Arbitration and Conciliation Ac....
The arbitrator must address allegations of fraud and collusion affecting the enforceability of a contract; failure to do so results in an award being set aside for patent illegality.
The court upheld the Arbitrator's award on property transactions, emphasizing the necessity of permissions under applicable land laws while affirming that a plausible ruling can stand even with insuf....
The main legal point established is that the Court does not act as a Court of appeal under Section 34 of the Arbitration and Conciliation Act, 1996, and should not interfere with the arbitrator's fin....
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....
Arbitration awards under Section 34 are upheld unless they contradict fundamental policies of Indian law or evidence patent illegality; acknowledgments of liability in balance sheets extend the limit....
An arbitration agreement in an unregistered and unstamped lease is not void; issues of stamping must be resolved by the arbitral tribunal, not the civil court.
The arbitration agreement's validity is independent of stamp duty issues, and courts have limited grounds for interfering with arbitral awards.
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