Arbitration and Conciliation Act, 1996 – ss.34 and 37 – Exercise of powers u/s.37 – Scope of – High Court in appeal u/s.37 set aside the award passed by the arbitrator as well as the order passed by the first appellate Court-Additional District Judge–On appeal, held: An award can be set aside only if it is against the public policy of India –The award can be set aside u/ss.34/37, if it is found to be contrary to fundamental policy of Indian Law; or the interest of India; or justice or morality; or if it is patently illegal – None of the aforesaid exceptions are applicable to the facts of the present case –In appeal u/s.37, the High Court entered into the merits of the claim which is not permissible– It decided the appeal u/s.37 as if it was deciding the appeal against the judgment and decree passed by the trial Court – High Court exercised the jurisdiction not vested in it u/s.37– Impugned judgment of High Court set aside – Award passed by the arbitrator and the order passed by the Additional District Judge u/s.34 overruling the objections are restored.
As published in the Supreme Court Reports, Supreme Court of India. Text from the Indian Supreme Court Judgments open data set (Dattam Labs), CC BY 4.0.
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