The High Court allowed no case for interference with an order dismissing an application to set aside an arbitration award. The appeal was dismissed as the lower court correctly held the award was not illegal.
Civil Miscellaneous Appeal dismissed. No costs.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
THE HON’BLE Ms. JUSTICE G.ROHINI And
THE HON’BLE SRI JUSTICE T.SUNIL CHOWDARY
C.M.A.No.1033 OF 2013
Dated: 03.03.2014
Between: Chellingi Gowri Srinivasa Prasad and another .. Appellants And M/s. Shriram City Union Finance Limited and another
.. Respondents
THE HON’BLE Ms. JUSTICE G.ROHINI And THE HON’BLE SRI JUSTICE T.SUNIL CHOWDARY
C.M.A.No.1033 OF 2013
JUDGMENT: (Per Hon’ble Ms. Justice G.Rohini)
This appeal is preferred under Section 37 (1) (b) of the Arbitration and Conciliation Act, 1996 (for short, ‘the Act’) against the order dated 7.6.2013 in AAOP No.14 of 2012 on the file of the Court of the Principal District Judge, East Godavari, Rajahmundry.
The said AAOP No.14 of 2012 was filed by the petitioners herein under Section 34 of the Act with a prayer to set aside the award dated 28.01.2012 passed by the sole arbitrator (respondent No.2 herein).
After hearing both the parties, the Court below by the order under appeal declined to set aside the award dated 28.01.2012 holding that the same was neither illegal nor suffered from any irregularity.
We have heard the learned counsel for both the parties.
The law is well-settled that an award passed by the Arbitrator can be set aside only where the grounds mentioned in sub-section (2) of Section 34 of the Act read with the grounds mentioned in Sections 13 & 16 are satisfied.
As could be seen from the order under appeal, the Court below held that no such ground was made out by the appellants. In the facts and circumstances of the case, we do not find any justifiable reason to interfere with the conclusion of the Court below which is in accordance with settled principles of law and based on proper appreciation of the
material available on record.
Accordingly, the Civil Miscellaneous Appeal is dismissed. No
costs.
Consequently, Miscellaneous Petitions, if any, pending in this Civil Miscellaneous Appeal shall stand closed.
______________ G.ROHINI, J
_________________________ T.SUNIL CHOWDARY, J Date: 03.03.2014 Ivd
1 issue framed by the court
Whether the Arbitrator's award should be set aside under Section 34 of the Act.
2 provisions across 1 enactments
Chellingi Gowri Srinivasa Prasad
M/s. Shriram City Union Finance Limited
G.ROHINI
T.SUNIL CHOWDARY
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
