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MOUSHUMI BHATTACHARYA, M. G. PRIYADARSINI
K Alias P Dhananjaya, Secunderabad – Appellant
Versus
K Kumar, Secunderabad – Respondent
JUDGMENT :
Moushumi Bhattacharya, J.
The Appeal arises out of the Common Order dated 03.03.2017 passed by the Chairman, Land Reforms Appellate Tribunal-cum-II Additional District Judge, Ranga Reddy District at L.B. Nagar. The impugned order was passed in 4 Arbitration Original Petitions (A.O.Ps) filed by the parties before the Trial Court. The appellant before this Court was the petitioner in 2 of the 4 A.O.Ps before the Trial Court and respondent No.1 in the remaining 2.
2. The A.O.Ps. filed were as follows:
A.O.P.No.1039 of 2010 was filed by the appellant against the final Award passed by the Arbitrator on 27.08.2010.
A.O.P.No.979 of 2010 was filed by the respondent No.1 against the interim Award passed by the Arbitrator on 02.06.2010.
A.O.P.No.1137 of 2010 was filed by the respondent No.1 against the final Award passed by the Arbitrator on 27.08.2010.
3. By the impugned Common Order, the interim Award dated 02.06.2010 and the final Award dated 27.08.2010 were confirmed and all the 4 A.O.Ps were dismissed.
Facts:
4. A brief background to the Appeal should first be
Parties are estopped from challenging the jurisdiction of an Arbitrator after consenting to proceed under the Arbitration and Conciliation Act, 1996, and the Awards were upheld as not conflicting wit....
Court affirmed limited judicial review under Section 34 of the Arbitration Act, emphasizing non-interference with arbitral awards unless specific grounds are established, rejecting claims of arbitral....
(1) While exercising power under Section 34 of A & C Act, arbitral award can only be confirmed or set aside, but not modified.(2) Award passed by Arbitral Tribunal cannot be set aside on the ground t....
The scope of judicial interference under the Arbitration and Conciliation Act is limited; courts cannot review merits unless there is a clear violation of public policy or jurisdiction.
The main legal point established in the judgment is that objections to jurisdiction must be raised at the appropriate stage, and the findings of the arbitrator on the point of jurisdiction, if not ch....
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 appointment of a sole arbitrator deviated from the statutory requirements and terms of the arbitration agreement, making proceedings invalid under the Arbitration and Conciliation Act, 1996.
The main legal point established in the judgment is that the competency of the arbitrator and the proper notice in the arbitration proceedings are crucial for the validity of the arbitration award.
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