The court dismissed a petition under Section 34 challenging an arbitral award on licence fees, holding that the arbitrator's finding on site possession was not perverse based on admitted facts and no interference was warranted.
Arbitration petition dismissed with no order as to costs.
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arbp796-14
vai
IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION
ARBITRATION PETITION NO.796 OF 2014
The Divisional Railway Manager, Commercial Department ...Petitioner V/s. Rajendrakumar Mangala, Prop. of M/s.Maruti Enterprises ...Respondent
Mr.Suresh Kumar with Ms.Sangeeta Yadav for the Petitioner. Mr.Girish B. Kedia for the Respondent.
CORAM : R.D. DHANUKA, J. DATE : 15TH APRIL, 2015.
P.C. :-
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arbp796-14
has rendered a finding of fact that the petitioner could not hand over the site to the respondent and thus was not eligible to recover any licence fee from 20th January, 2010 to 26th April, 2010. In my view, the finding of fact rendered by the learned arbitrator is not perverse and is passed on the admitted fact that the petitioner had not handed over possession to the respondent before 26th April, 2010. No interference with the impugned award is thus warranted. The petition is devoid of any merits and is accordingly dismissed. No order as to costs.
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2 issues framed by the court
Whether the High Court can interfere with the arbitral award finding that no licence fee was payable before possession was handed over.
Whether the finding of fact regarding the date of site handover is perverse.
1 provisions across 1 enactments
The Divisional Railway Manager, Commercial Department
Rajendrakumar Mangala, Prop. of M/s.Maruti Enterprises
R.D. DHANUKA
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
