SHANKAR S/O MURALEEDHARAN P REP. BY GPA HOLDER MR. MURALEEDHARAN P S/O LATE K.S. NAIR Vs. A.T. AND S.PVT. LTD., NO. 12A, INDUSTRIAL AREA NANJANGUD, MYSORE DISTRICT, REP. BY ITS HEAD-HUMAN RESOURCES MR. MARULASIDDA M.C. AND SRI C NAGESH ADVOCATE

JUDGEMENT

(1.) IN this writ petition, petitioner is calling in question the order dated 16.08.2011 passed by the learned District Judge, Mysore, thereby dismissing the application filed seeking permission to adduce evidence in Arbitration Suit No. 1/2010.

(2.) ARBITRATION Suit No. 1/2010 is instituted under Section 34 of the Arbitration and Conciliation Act, 1996 (for short, 'the Act') seeking to set aside the arbitral award dated 22.01.2010 passed by the Arbitrator in Arbitration Case No. 1/2008.

(3.) LEARNED counsel appearing for the petitioner invites the attention of the Court to the grounds urged in Arbitration Suit No. 1/2010 whereunder he has contended that the Arbitrator drifted away from the role of Arbitrator, practically functioning as a party involving himself in the dispute by and between the parties'. It is this aspect of the matter, counsel submits, that the petitioner intended to place on record by adducing evidence consistent with what has been pleaded, therefore, the Court below was not right and justified in rejecting the application filed to lead evidence. In support of this contention, he has placed reliance on the judgment of the Apex Court in the case of Fiza Developers and Inter -Trade P. Ltd. Vs. Amci (I) Pvt. Ltd. and Another - 2009 (12) JT 519.