BOMBAY HIGH COURT
Unknown, J
Deshpande D. N. v. Tata Finance Ltd.
| Table of Content |
|---|
| 1. challenging arbitration awards. (Para 1) |
| 2. validity of arbitration proceedings. (Para 2 , 3) |
| 3. final ruling on the petition. (Para 4 , 5) |
1. By this petition, the Petitioner seeks to challenge the Award dated 20th April 1994 filed in this Court on the ground that the Sole Arbitrator did not properly consider the merits of the claim of the Respondents and that the Arbitrator proceeded with the proceedings of the reference even after filing of the suit by the Petitioner in the Civil Court at Ambajogai challenging the agreement under which the claim in arbitration proceedings was made by the Respondents against the Petitioner.
2. An award is not vulnerable to any challenge thereto. The ambit and scope of challenge to an award under S.30 of the Arbitration Act , 1940 (for short, 'the Act') has now been laid down by the catena of decisions of the Supreme Court as also of this Court and other High Courts. Needless to say that when an arbitrator is made the final arbiter of the dispute between the parties, an award is not open to the challenge on the ground that the arbitrator has reached a wrong conclusion or has failed to appreciate the facts. The appreciation of evide
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