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2023 Supreme(Online)(MP) 27271

MADHYA PRADESH HIGH COURT
N.K. Gupta, J
Municipal Corporation Gwalior v. A.P.S. Kushwah


Advocates:
For the Appellants/Petitioners: Shri N.K. Gupta
For the Respondents: Shri M.L. Swarnkar

Table of Content
1. challenge to arbitral award under s.34. (Para 1 , 10)
2. judicial approach to evaluating arbitral awards. (Para 2 , 16)
3. facts relating to the tender and contract implementation. (Para 3 , 9)
4. arguments regarding the existence and binding nature of contract. (Para 12 , 14)

1. This appeal by appellant / Municipal Corporation is directed against the order dated 16/08/2012 passed in Arbitration Case No.07/2012 by the 7th Additional District Judge, Gwalior. The learned Judge has rejected the objections filed under S.34 of the Arbitration and Conciliation Act, 1996 against award dated 09/11/2011 passed by the Sole Arbitrator (Hon'ble Justice R.B. Dixit (retired)).

2. Before adverting to rival contentions, it is expedient to reiterate the law laid down by the Hon'ble Apex Court related to scope of interference by this Court in exercise of powers under S.37 of the Arbitration and Conciliation Act, 1996 . Regard being had to the concept of Public Policy of India embodied in the under various provision viz; 28, 31, 34 etc., the Court while testing an arbitral award on the anvil thereof does not sit as a Court of appeal in common parlence and cannot correct the errors of


























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