BOC INDIA LTD Vs. BHAGWATI OXYGEN LTD

JUDGEMENT

(1.) LEAVE granted.

(2.) THIS is an appeal from a judgment of a Division Bench of the Calcutta High Court dismissing an appeal which was filed against the judgment of a learned Judge refusing to accept the objection filed by the appellant under Section 30 read with Section 33 of the ARBITRATION AND CONCILIATION ACT, 1940 (hereinafter referred to as the "Act").

(3.) ON 30th October, 2000, the appellant filed an application for setting aside the award passed by the arbitrator under Section 30 of the Act before the High Court at Calcutta. In the said application, the appellant raised objection to the effect that the award in question suffered errors apparent on the face of it. It was alleged that the arbitrator erred in awarding the claim of the respondent for a sum of Rs. 17,95,710/- relating to claim No. 9 although the learned arbitrator held issue No. 4 in favour of the appellant. It was also alleged that since the appellant had not realised any sum in excess of Rs. 50 lacs against indigenous supply, the award of the learned arbitrator to the effect that the respondent was entitled to receive back from the appellant, the said sum of Rs. 17,95,710/-, was not only erroneous on the face of the award but also contradictory and inconsistent with the findings of the arbitrator against issue No. 4. It was further alleged by the appellant under Section 30 of the Act that the learned arbitrator committed error apparent on the face of the award and had acted in excess of his jurisdiction by awarding the aforesaid sum of Rs. 17,95,710/- in favour of the respondent as the award was contrary to the findings made by the learned arbitrator himself and therefore was liable to be set aside. We are not dealing with the other objections taken by the appellant in its objection under Section 30 of the Act as noted herein after. A learned Judge of the High Court by a detailed judgment had rejected the objection filed under Section 30 of the Act and had refused to set aside the award passed by the arbitrator on the ground that on the materials on record, the award was not liable to be set aside on such grounds. Feeling aggrieved by the judgment of the learned Single Judge, the appellant filed an appeal before the Division Bench of the High Court which was also dismissed against which the present Special Leave Petition was filed in respect of which leave has been granted.