LAWS(CHH)-2016-12-58

RAM TRANSPORT FINANCE COMPANY Vs. CHANDRA KUMAR BANJARE

Decided On December 01, 2016
Ram Transport Finance Company Appellant
V/S
Chandra Kumar Banjare Respondents

JUDGEMENT

(1.) The HALSBURY'S LAWS OF ENGLAND 1 states about finality attached to award as under:- 1 4th Ed., Vol.2, para 611 "The effect of the award is such as the agreement of reference expressly or by implication prescribes. Where no contrary intention is expressed and where such a provision is applicable, every arbitration agreement is deemed to contain a provision that the award is to be final and binding on the parties and any persons claiming under them respectively.

(2.) The Supreme Court in the matter of Union of India vs. A.L. Rallia Ram 2 clearly held that the civil court cannot exercise 2 AIR 1963 SC 1685 apparent power over the decision of the arbitrator wrong or right irrespective and award of the arbitrator is final and conclusive unless a contra intention is disclosed by the agreement itself and succinctly held as under:-

(3.) The above-stated proposition of law held in A.L. Rallia Ram (supra) has been followed in the matter of Ispat Engineering and Foundry Works, B.S. City, Bokaro vs. Steel Authority of India Ltd., B.S. City Bokaro 3.