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KARNATAKA HIGH COURT
V KAMESWAR RAO, S RACHAIAH, JJ
NATIONAL INSTITUTE OF TECHNOLOGY, KARNATAKA – Appellant
Versus
U B SHETTY – Respondent
| Table of Content |
|---|
| 1. appellate jurisdiction under section 37-2025. (Para 1 , 2) |
| 2. facts surrounding the arbitration and contract. (Para 3 , 4 , 5 , 6 , 7 , 8 , 9 , 10) |
| 3. arguments and contentions of the parties. (Para 11 , 12 , 13) |
| 4. court's observations on the validity of the arbitration award. (Para 14 , 15 , 18 , 19 , 20 , 21 , 22 , 23 , 24) |
CAV JUDGMENT
(PER: THE HON'BLE MR JUSTICE V KAMESWAR RAO)
The challenge in this appeal under Section 37 (1)(b) of the Arbitration and Conciliation Act , 1996 (‘Act of 1996’ in short) is to an order dated 29.08.2015 passed by the I Addl. District and Sessions Judge, D.K., Mangaluru (‘District Judge’ for short) in Arbitration Suit No.1/2010, whereby the learned District Judge has dismissed the suit filed by the appellant herein under Section 34 of the Act of 1996.
2. The challenge in the suit under Section 34 of the Act of 1996 was to an award passed by the learned Arbitrator in Arbitration Case No.1/2005 dated31.03.2010.
3. The facts that need to be noted for the purpose of this order are, the appellant, which is a deemed University, called for tender for construction of a new ladies hostel building in its campus and the 1st respondent being the
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