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HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR
RAVI CHIRANIA
State of Rajasthan, through Collector, Jhalawar – Appellant
Versus
Verma Construction Company, Chomhela – Respondent
JUDGMENT :
RAVI CHIRANIA, J.
1. The present Civil Miscellaneous Appeal has been filed by the appellants under Section 39 of the Arbitration Act, 1940, against the impugned judgment and decree dated 24.03.2004 passed by the learned Additional District Judge, Jhalawar, whereby the application filed by the appellant for setting aside the arbitral award dated 13.06.1994 was rejected.
2. The brief facts of the case are that the respondent filed an application under Sections 8 and 20 of the Arbitration Act, 1940 for appointment of an Arbitrator in respect of disputes arising out of the contract between the parties. The learned trial Court, vide order dated 01.10.1993, appointed Shri Prabhakar Sharma, Retired Chief Engineer (Irrigation), as Arbitrator and directed him to pass an award within four months.
3. The learned Arbitrator, after issuing notices and affording opportunities to the parties, passed an ex-parte award on 13.06.1994 in favour of the respondent. Thereafter, the appellants filed applications under Sections 30 of the Arbitration Act, 1940 for setting aside the said ex-parte award, which were registered as Civil Misc. Applications No. 2/94 and 16/94.
4. The learned trial Court, a
The appeal against an arbitral award is limited to specific statutory grounds; dissatisfaction with outcomes does not justify setting aside unless misconduct or invalidity is proven.
Judicial review of arbitral awards under Sections 34 and 37 of the Arbitration Act is significantly limited, focusing solely on jurisdictional errors or procedural irregularities with no reassessment....
An award can only be set aside on the grounds specified in section 30 of the Arbitration Act, 1940, and an arbitrator need not give a reasoned award.
Appeal against arbitral award – Courts should not interfere with arbitral award lightly in a casual and a cavalier manner--Mere possibility of an alternative view on facts or interpretation of contra....
Under the Arbitration and Conciliation Act, the scope for setting aside an arbitral award under Sections 34 and 37 is limited, emphasizing the need for substantial legal grounds and deference to arbi....
The court emphasized that judicial interference with arbitral awards is strictly limited, focusing only on issues of public policy or jurisdictional errors and cannot re-evaluate the merits of the aw....
The 120-day period prescribed under Section 34(3) of the Arbitration and Conciliation Act, 1996 for filing an application to set aside an arbitral award is absolute and unextendible by the court unde....
The limitation for setting aside an arbitral award begins from the date of receipt of the award, not from the rejection of an application under S.33.
The court emphasized that judicial interference with arbitral awards under the Arbitration and Conciliation Act is severely limited and cannot involve reevaluation of merits or factual findings.
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