Judgment

Shah, J.—Court s jurisdiction under Section 34 of the Arbitration and Conciliation Act, 1966

Before dealing with the issues involved in this appeal, we would first decide the main point in controversy, namely - the ambit and scope of Court s jurisdiction in case where award passed by the Arbitral Tribunal is challenged under Section 34 of the Arbitration and Conciliation Act, 1996 (hereinafter referred to as "the Act") as the decision in this appeal would depend upon the said finding. In other words - whether the Court would have jurisdiction under Section 34 of the Act to set aside an award passed by the Arbitral Tribunal which is patently illegal or in contravention of the provisions of the Act or any other substantive law governing the parties or is against the terms of the contract?

2. Learned senior counsel Mr. Ashok Desai appearing for the appellant submitted that in case where there is clear violation of Sections 28 to 31 of the Act or the terms of the Contract between the parties, the said award can be and is required to be set aside by the Court while exercising jurisdiction under Section 34 of the Act.

3. Mr. Dushyant Dave, learned senior counsel appearing on behalf